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12081993
City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA SEBASTIAN CiTY COUNCIL REGULAR MEE~G WI~T}NESDAY, DECE3,IBER 8, 1993 - 7:00 P.M. CITY COUNCIL C]~UVl]BERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN TIlE OFFICE OF TIlE CITY CLERK, CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the C~ty Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-J gJ 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Donald E. Swope - First Presbyterian Church 4. ROLL CALL 5. ~GE,NDA MODIFICATIONS IADDITiONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. ~RQCLAMATIONS ~ ANNOUNCEMENTS 7. ~ HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please ~ Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 93.356/ A. Henry Fischer - Request for Amendment of Special 93.246/ Use Permit for Mulching/Burning Facility - 92.179 Extension (Director of Community Development PGS 1-10 Transmittal dated 11/30/93, Application, Cooper Letter dated 11/3/93, Kebbel Letter dated 11/6/93, Fischer Letter dated 11/8/93, Cooper Letter dated 11/30/93) ~~~.~ONS~NT ~GEND~ Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. PGS 11-36 A. Approval of Minutes - 11/17/93 Regular Meeting, 12/1/93 Special Meeting, 12/1/93 Workshop 93.357 B. PGB 37-44 S~ N0. ~ - Vacation of Easement (City Clerk Transmittal dated 12/3/93, R-93-66, Application, Survey, Andrianos Letter dated 11/3/93, City Engineer Memos dated 11/8/93 and 11/29/93) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE SOUTH FIVE FEET OF THE NORTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOT 71, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56J, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. 2 93.358 PGS 45-48 93.359 linGS 49-51 93.360 ]?GS 53-55 ~_Q~ NO. R-93-69 - Utilities Department Water\Wastewater Treatment Plant Superintendent Job Description (Personnel Director Transmittal dated 11/22/93, R-93-69) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER TREATMENT PLANT SUPERINTENDENT; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-70 - Utilities Department Water\Wastewater Treatment Plant Operator Job Description (See Transmittal Above, R-93-70) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER TREATMENT PLANT OPERATOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. ~ - Utilities Department Water\Wastewater Treatment Plant Superintendent Trainee Job Description (See Transmittal Above, R-93-71) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER TREATMENT PLANT OPERATOR TRAINEE; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 93.351/ 90.251 P~S 57-77 93.275 P~S 79-80 11. 12. 13. 14. RES0b~TION N0. ~ - First Amendment to Little League Lease (City Clerk Transmittal dated 11/30/93, R-93-74, First Amendment, Existing Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AMENDING THE LEASE AGREEMENT WITH SEBASTI;tN RIVER AREA LITTLE LEAGUE, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Craft Club Request Use of Riverview Park - Shows on 4/2/94 and 5/7/94 with Rain dates (City Clerk Transmittal dated 11/30/93, Deyter Letter dated 11/22/93) PRESENTATIONS - None A. Mr. Robert Freeland B. Mayor Lonnie R. Powell C. Vice-Mayor Frank Oberbeck D. Mrs. Carolyn Corum E. Mrs. Norma Damp CITY ATTORNEY MATTERS CITY MANAGER M~TTERS ~OMMITTEE ~EPORTS/R~COMMENDATIONS OLD BUSINESS - None 4 THE NEXT TWO AGENDA ITEMS RELATIVE TO TH~. BOND ARE UNDER SEPA~ATZ COVER 93.263 93.263 93.361 PGS 81-89 93.362 PGS 91-92 ~A. RESOLUTIQ~ NO. ~-93-67 - GDU Facility Acquisition Bond Supplemental (Finance Director Transmittal dated 12/3/93, R-93-67 [Documents Un,er Separate cover]) A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING RESOLUTION NO. R-93-55 OF THE CiTY OF SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. ~B. RESOLUTION NO. R-93-~8 - GDU Facility Acquisition Bond Award and Purchase Contract (Finance Director Transmittal dated 12/3/93, R-93-68 with Exhibits A and B [Documents Umder Separate Cover]) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, SUPPLEMENTING A RESOLUTION ENTITLED: "A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CiTY OF SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE"; PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT TO THE SERIES 1993 BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WiTH RESPECT TO THE SERIES 1993 BONDS AND RATIFYING THE USE OF A PRELIMINARY OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R-93-65 - EEOC Conciliation Agreement (Personnel Director Transmittal dated 12/1/93, R-93-65, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A CONCILIATION AGREEMENT WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Collective Bargaining Wage Issues (Personnel Director Transmittal dated 12/1/93) 5 93.363 ~SOLUTION ~ Rr93-73 - Palm Lake Club Phase II - Final Plat (City Engineer Transmittal dated 11/29/93, R-93-73, Surveyor's Certification, Proposed Restrictive Covenants, Application, Fee Receipt, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF PAl,4 LAKE CLUB, PHASE II, CONSISTING OF 14.47 ACRES, MOR~ OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; WAIVING THE REQUIREMENTS OF SECTION 20A- 16.4(C) (4) (F); DIRECTING THE CITY CLERK TO PR]~SENT THE PLAT TO THE CIRCUIT COURT FOR INDIAN RIVER COUNTY; FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 16. ,~NTRODUCTION OF NEW BUSINESS ~¥ THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 93.364 I~GS 117-12 0 Sebastian Lions Club - Use of Community Center - Spaghetti Supper - 2/5/94 - 4:30 p.m. to 7:30 p.m. - Request Waiver of Security and Rental Fee for This and All Future Use (City Clerk Transmittal dated 11/24/93, Application, Anderson Letter dated 11/15/93, insurance Policy) 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS iN ADVANCE OF THIS MEETING. i City of Sebastian 5 Main Street ~ SEBASTIAN. FLORIDA TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: REQUEST FROM HENRY A. FISCHER TO AMEND ~iS SPECIAL USE PERMIT REGARDING THE MULC~ AND BURN FACILITY Approval for Submittal By: 32958 Agenda Number: ~o ~ Dept. Origin: Community Deve~loDment (BC) Date Submitted: 11/29/93 For Agenda Of: 12/08/93 Exhibits: 1. Application for a Special Use 2. Letter dated 11/3/93 from Bruce Cooper 3.Letter dated 11/6/93 from Mr. Kebbel 4. Letter dated 11/8/93 from Henry A. Fischer 5. Letter dated 11/30/93 from Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the conclusion of the City Council meeting of October 27, 1993 regarding the special use permit for Henry A. Fischer, the City Council approved the amended site plan but, did not approve the proposed five year extension. Since the City Council did not approve any time frame and since the site plan did not identify any saw'mill operation that was apparently placed there just previous to the meeting, I sent a letter of clarification to Mr. Fischer and requested that the saw mill operation be removed in order to be in compliance with the approved site plan. Subsequently, Mr. Fischer has applied for a new special use permit and 'is requesting a two to three year extension of his special use permit and the approval of the saw mill operation within this facility. This department has stayed all enforcement actions regarding the saw mill operation until such time the City Council holds their public hearing. This action is consistent with previously past determinations regarding an applicant's appeal or request for approval to bring in the proposed violation into compliance. Page 2 RE COMMENDED ,.. ACT I 0~ Review the proposed request from ~enry A. Fischer. APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, grant s special use permit in any district for s use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) 2) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and The use requested ts consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. The fee for a special use permit is $150 (established by Resolution No. R-88-09). In a~dition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certif~ed, return receipt mailing fee (curre~tl~ NAME OF APPLICANT: Henr~A. Fischer ADDRESS OF APPLICANT~ 10725 U.S. #1 ............. $ebastian~ FL 52958 APPLICANT PIIONE l: (407} $89-$1S9 ADDRESS OF SUBJECT PROPERT~ Watervliet Avenue, North end LEGAL DESCRIPTION OF SUBJECT PROPERTY1 See Attached Sheets for Legal Description (on file) ZONING OF SUBJECT PROPER~"~: R-Z0 REASON FOR REQUEST FOR SPECIAL US~ PERMIT: 1) To extend date of permit to either two years or three years from present expiration date.of July 22, ~994 for mulching and air curtain incinerator site location. 2) At the last special hearing,~.w~ discussed the sawmill location on the site. This needs to be included ' in the discussion ~ this ~pecial ~se Permi~ T~E BUILDING OFFICI;%5 MAY ~QUIRE ADDITION~/, BACKUP INFORMATION FOR CERTAIN ~QUESTS Si~,re of Applicant Date November D~ 1995 Hen~ A. Fischer b: specuse, app JAEES A. FOWLER Land Surveying THE BOUNDARY HUNTER September 14, 1993 MULCHING FACILITY SITE A port, ion of land in Sections t4 and 23, township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Comencing al the Southwest corner of the Northwest quarter~f aforesaid Section 23, run North 00' 19' 30" East along the West line of Section 23, 300.00 feet; thence run .South 89' 40' 3O"'East, 60.00 feet to the Point of Beginning. From the Point of Beginning, continue South 89© 40' 30" East, $B0.00 feet; thence Not'ch 00' 19' $0" East, 368.40 feet to a point of curvature of a curve concave Easterly, having g radius of 280.00 feet; thence run Northerly 98.40 feet along the arc of said cur~e, through a central angle of 26' 08' 11"; thence North 20' 27' 41" East, 58.43 feet to a point of curvature of a curve concave Westerly, having a radius of 195.00 feet; thence run Northerly 132.64 feet along the arc of said curve through a centra! angle of 25' 16' 57"; thence North 04' 49' 16" West, 212.81 feet to a point of curvature of a curve concave Easterly havimg, a radius of 180.00 feet; thence run Northerly 102.40 feet along the arc of said curve through a central angle of 32' 54' 43"; thence North 28' 05' 27" East, 121,83 feet tO a point of curvature of a curve concave North- westerly having a radius of 295.00 feet; thence run Northerly 84.73 feet along the arc of said curve through a centra! angle of 16' 27' 22"; thence North 11© 38' 06" East, .255.44 feet to a point of curvature of a curve concave Westerly having a radius of 2370.00 feet; thence run 467.82 feet along the arc of said curve through a centra! angle of 11' 18' 36"; thence North 00' 19' 30" East, 435.22 feet to the North line of Said ~ection 22; thence North 89' 24' 25" West along said North line 350.00 feet; thence South 28' 43' 37" East, 350.08 feet; thence South 07' 36' 43" West, 451.87 feet; thence South 24' 43' 26" West, 205.75 feet; thence South 11' 38' 06" West, 101.98 feet; thence South 04' 49' 16' East, 212.81 ~eet; thence South 19' 30' 24" West, 345.03 feet; thence North 38' ~g' 25" West, 207.40 feet; thence North 00' 19' 30" East, 1915.12 feet tO the South line of aforementioned Section 14; thence North 00© 10' 49" East into said Section 14, 801.22 feet; thence North 42' 28' 22" West, 73.91 feet; thence South 47' 31' 38" West, 135.00 feet to a point of curvature of a curve concave Southeasterly having a radius of gS.00 feet; thence run Southeriy 78.50 feet along the arc. of said Curve through a central angle of 47' 20' 49"; thence South 00' 10' 49" West~:~34.35 feet to a point of curvature of a curve concave North- (8) Land Surveyin THE BOUNDARY HUNTER September 14, 1993 MuJc~ing Fsc~JJty Site cont'~. easterly having a radius of 500.00 feet; t~ence run Southerjy 70.78 feet along the arc of said curve t~rougn a central angle of 08° 06' 37" to a point of reverse curvature of a curve concave Westerly having a radius of 999.87 feet ; thence ~un Southerly 283.0? feet along the arc of said curve through a central, angle of 16° 13' 14" to a point of reverse cu~ature of a curve concave Easterly, having a radius of SO0.O0 feet; thence run Southerly 70.78 feet along the arc of said curve through a central anoJe of 08° 06' 37"; thence South O0° 10' 49" west, 135.39 feet to the North line of aforementioned Section 23; ~ence Sout~ OD° lg' 30" West, Into said Section 23, 2355.96 feet to the Poin~ of Beginning. Al1 the above situate in Zndlan River County, Florida, and containing 25.5 acres, more or less. (9) i City of Sebastian I 1225 Main Street u SEBASTIAN, FLORIDA, 32958 TELEPHONE (407) 589-5330 r, FAX (407) 589-5570 November 3, 1993 CERTIFIED MAIL P 252 914 984 Henry A. Fischer 10725 U.S. #1 Sebastian, FL 32958 --:.~ Reference: Expiration of Special Use Permit & Saw Mill Operation Dear Mr. Fischer: As you are aware, the City Council at its regular meeting of October 27, 1993 approved the amended site plan to reflect the change in the staging area of the mulching facility and directed the City Attorney to draft a resolution to bring back to the City Council for final adoption. At this time, the City Attorney needs your surveyor to certify the survey to the City of Sebastian of the legal description that you presented to the City Council. This will be incorporated within the resolution for their approval. Since the City-Council rejected the proposed five (5) year extension for your facility, your current special use permit will expire July 22, 1994. Since the City Council did not approve of any further time extension, you will be required to have all materials and any other related equipment from this facility to be removed no later than July 22, 1994. Also, please be advised that the saw mill operation that has just been recently placed within this facility was not part of your application nor was this part of the City Council's.approval. Therefore, I have no alternative but to require within 14 days from receipt of this letter to have this saw mill operation removed totally from this facility in order to be in compliance with your special use permit. Henry A. Fischer November 3, 1993 Page 2 If you have any questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincerely, Director of Community Development BC/gk hal.wp cc: Kathryn O'Halloran Mayor & City Council Warren Dill Reading Board 213 Midvale Terrace Sebastian, FL 32958 November 6, 1993 Bruce Cooper Sebastian Cit~' Hall Sebastian FL, 32958 Dear Mr. Cooper. I have great respect for Henry Fischer, but I hope the city will deny him a permit extension for his mulch-and-burn operation situated east of Sebastian River Middle School and northeast of Sebastian River Senior High School,. The smoke from that mulch- and-burn operation has frequently bothered Sebastian River students and teachers traveling between portable buildings or participating in outdoor P.E. classes. This has especially affected teachers and students with asthma, allergies, or other respiratory problems. Please survey Sebastian River teachers and students before granting Dr. Fischer any permit to continue his mulch-and- bum operation beside the two schools. Sincerely yours, ohn Kebbel, (~_o_hn Keb Sebastian River Middle Teacher I I iENRY FISCHER & SONS, INC. P.O. Box 780068 · Sebastian, Florida 32978-0068 (407) 589-3159 · FAX: (407) 589-7731 Mr. Bruce Cooper CITY OF S~BASTIA~ P.O. Boa 780127 Sebastian, PL 32978-0127 November 8, 1993 · Site Development Road & Parking Lot Construcllon Storm Drainage · Land Clearing · Fill Hauling & Compaction · Heav~, Eglulpment Rentals RE: Special Use Permit for Extension of 2-3 years - Mulching and Air Curtain Incinerator Site Location Dear Bruce: ·his letter is in regards to your October 29, 1993 letter regarding the expiration of our mulching and incinerator project. We have Just filed a new Special Use Permit Application for an extension of two-three years and we are going to include into the application that we feel the sawmill was adequately discussed with the City at the Special Use Permit Meeting. In order to clarify the matter, we have included it in the new Special Use Permit Application and feel as though the two week (14 days) notification needs to be extended until we have the next Special Use Permit Meeting. Thank you for your consideration in this matter. If you need any additional information or clarification, please do not hestitate to contact me." HAP:sf Sincerely, Henry A. Plsoher Attachmeut 12 2 ~EL~;NE (407) %89-5330 ~ FAX (407)5~15~032958 Nove~er 30, 1993 Sebastian River Middle Junior ~igh School Attn: Greg Pearsaul County Road 512 Sebastian, FL 32958 Reference: Men~ Fischer's Mulch and Burn Facility' Dear Mr. Pearsaul: Please be advised that the City of Sebastian has received a request from ~en~ A. Fischer to extend ~he time fr~e for his mulch and burn facility which is due to e~lre July 22, 1994. Mr. Fischer is requesting a two to three year extension. The reason for my letter is based on my receiving a letter from one of your teachers, John Kebbel,.indicating thgt your school has been bothered in the past during his burn operation. Please be advised I have no authority to su~ey you~ teachers and students prior to the City Council reviewing the special use pe~it application but, this is a p~lic hearing and anyone can attend and speak to the.CitY Council regarding this matter. The meeting ~s set for 7:00 p.m. on Dece~er 8, 1993 at the City Council Chambers located at 1225 Main Street and if you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. ~er~~ Director of Community Development BC/gk sebms.wp cc: John Kebbel City of Sebastian ,'d.?~-' /'~;~/x. j?. ;~,~-7~F:~-£-.'-~ 72~7 o SEBASTIAN, FLORIDA ~ TELEPHONE (407) 589-5330 D F~ (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WFI}NESDAY, NOVEM~B~ 17, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individual~s shall address the Oty Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-J gj Mayor Powell called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Tom Kempf, Riverside Assembly Church of God. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. 0'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Deputy City Clerk, Sally Maio Regular City Council November 17, 1993 Page Two 5. ~GENDA MODIFICATIONS L~DDITION~ AND/OR ~ELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Mayor Powell requested to move item 93.352 up on the agenda to accommodate Jeanine Chapp. MOTION by Oberbeck/Damp I would move to make the presentation by Jeanine Chapp item 6 on the agenda. VOICE VOTE on the motion carried 5-0. 6. PROCLAMATIONS AND/OR ANNOUNCF.,MENTZ Jean$~e ChaDD = Indian ~iver u~ ~ ~ CDLtncil = Reouest ~9 Collect ~ A~onq u. s. ~ ~ (city ~lerk Transm.~tta~ dated ~ Puscher ~emo dated 11/9/93. JJC MemQ Jeanine Chapp, Indian River County Juvenile Justice Council, addressed City Council on the goals of the iRCJJC, stated that the group will explore other means of obtaining donations and rescinded her request to solicit along U.S. 1. George Schum announced a Sebastian Volunteer Fire Department Bowling tournament fundraiser at Ercildoune Lanes on November 20, 1993. 7. PUBLIC ~ ~ ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff summation * Mayor Closes Hearing * Council Action ~ Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 2 Regular City Council November 17, 1993 Page Three 93.085 A. RE_R~E~OLUTION NO. R-93-62 - Sebastian Lakes Development Agreement (Director of Community Development Transmittal dated 11/10/93, R-93-62, Development Agreement) 2nd Public Hearing and Adoption A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMiTTAL.OF A COPY OF THE RECORDED DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and 11/10/93 Legal Notices, 11/10/93 1st Public Hearing) Mayor Powell opened the public hearing at 7:11 p.m. and the City Attorney read Resolution No. R-93-62 by title only. The Director of Community Development recommended that the public hearing be continued due to revision of the drainage easement legal description and pending St. John's River Water Management District (SJRWMD) permit approval. Barbara Hall, Greenberg - Traurig, representing St. Paul Corporation, advised that the SJRWMD permit should be received within thirty days, and the drainage easement legal description should be available sometime this week. The City Attorney said he would meet with Attorneys Tom Cloud and Barbara Hall after this meeting regarding the proposed utility agreement, and recommended that the hearing be continued to.December 15, 1993. J.W. Tommy Thompson, 125 Main Street, Sebastian, addressed City Council, urging several amendments to the agreement. 3 Regular City Council November 17, 1993 Page Four 93.347 The Director of Community Development responded to Mr. Thompson's concerns. The City Attorney reiterated his recommendation to continue the public hearing. Ms. Hall said her client would probably be willing to leave money in escrow until the permit is issued and could add clearer language regarding road construction. In response to Mrs. Corum, the City Engineer addressed landscaping in the drainage easement. MOTION by Oberbeck/Freeland I would move to continue this public hearing on Resolution No. R-93-62 to December 15, 1993. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 CONSENT Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/8/93 Special Meeting, 11/10/93 Regular Meeting R~SOLUTION NO. R-93-6.9 - Updating Unlimited Time Status Positions in Standard Operating Procedures (Personnel Director Transmittal dated 11/9/93, R- 93-64) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY ADDING THE TITLES OF PERSONNEL DIRECTOR, STAFF ACCOUNTANT AND ASSISTANT GOLF COURSE SUPERINTENDENT; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 4 Regular City Council November 17, 1993 Page Five 93.348 C. 93.349 D. First Church of the Nazarene - Specimen Tree Removal Request - Tract F, Block 490, SH, U 15 - Three Pines (Director of Community Development Transmittal dated 11/10/93, Application, Survey) Sebastian Area Civic Association - Waive Rental Fee - Use of Yacht Club - December 9, 1993 - 8 am to Noon - Donations to Worthy Causes (City Clerk Transmittal dated 11/11/93, Application, Phelan Letter dated 11/10/93) The City Clerk/Acting City Manager read the consent agenda in its entirety, including the title for Resolution No. R-93-64. Mrs. Corum removed item A. MOTION by Freeland/Oberbeck I'd move that we accept items B, C and D of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item Mrs. Corum noted that Brian Toland's name is misspelled in the November 8, 1993 minutes; and noted that the November 10, 1993 "Corum Matters" minutes do not reflect what she actually said. The City Clerk/Acting City Manager said she would review the tape. MOTION by Corum/Damp I move to approve item A of the consent agenda. VOICE VOTE on the motion carried 5-0. 9. PRESENTATIONS None. Regular City Council November 17, 1993 Page Six AND CZTY CO~CI~ ~ A. Mrs..carolyn Mrs. Corum discussed proposed Riverfront District improvement funding and planning; suggested a city recreation plan and/or planner to ascertain what the impacts of future recreation needs will be; TAPE I - SIDE II (7:47 p.m.) said she attended a Malabar Scrub Sanctuary celebration; and reported on the IRC Land Acquisition field trip and her thoughts relative to scrub acquisition. In response to Mrs. Damp, the City Engineer reported on future road improvements and public works crew schedules and the Director of Community Development responded on the schedule for action on the church on Bob Circle. C. M~- Robert FreelaR~ Mr. Freeland noted there was no funding for a planner, and that the Riverfront will be brought to City Council by Planning and Zoning in the near future. D. Mayor Lonn~ R. Powell Mayor Powell expressed need for funds for a community center; spoke on the scrub jay issue, recommended that staff contact certain people about the situation in the city and noted that Jim Bacchus' office contacted the City Clerk/Acting City Manager; encouraged people to urge that the resource officer be funded for the middle school; inquired about maintenance of the U.S. i median strips; asked for City Council concurrence to direct staff to send letters in regard to the scrub jay issue, to which the Director of Community Development responded that he would work with the City Clerk/Acting City Manager and bring it back to City Council. 6 Regular City Council November 17, 1993 Page Seven 11. E. ~ ~rank Oberbeck Mr. Oberbeck reported on a Reader's Digest article relative to U.S. Fish and Wildlife actions; discussed implementation of a master drainage plan, to which the City Engineer responded and suggested he bring ideas to City Council at the January workshop. The City Attorney suggested that staff talk to other cities that have implemented plans. Mr. Oberbeck requested that the twenty-seven questions asked by Mr. Sturm be addressed by the City Attorney. City Council concurred with the recommendation of the City Clerk/Acting City Manager that she and the Assistant City Attorney would review the questions. Mayor Powell called recess at 8:25 p.m. and reconvened the meeting at 8:42 p.m. Ail members were present. Mrs. Corum was excused from 8:42 p.m. to 8:43 p.m. ~IT¥ ~TTORNEY MATTERS The City Attorney advised City Council that a petition for writ of certioreri has been submitted on behalf of Richard Fey relative to the recent denial for a special use permit for a mulching facility. He recommended, to eliminate the applicant's contention that they were denied procedural due process, another hearing be conducted. Mr. Oberbeck recommended that the hearing be conducted at a Special meeting. MOTION by Oberbeck/Damp I would move that we authorize the City Attorney to contact the attorney representing Mr. Fey and propose a re-hearing on this application for his mulch operation which was to be located off Old Dixie Highway. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Regular City Council November 17, 1993 Page Eight The City Attorney encouraged City Council to review the petition file and contact his office with any questions. None. 13. CO~ ~EPORTS~COMME~D~TiONS None. 14. OLD ~ 93.089 A. Tennis ~ ac~ Court Complex (City Clerk Transmitt~.l dated .11/8,93. Excerpt of 3/3/93 Minutesj Trans.~itta~ dated ~ w/ Backup) Jake Adams, 13225 U.S. 1, Sebastian, requested two additional tennis courts this fiscal year. TAPE II - SIDE I (8:50 p.m.) A1 Johnston, Sebastian, recommended that courts be centrally located and not disbursed throughout the community and recommended the Schumann location. Discussion followed on the possible construction of two additional courts at the Schumann site and plans for the Barber Street Sports Complex south. It was the consensus of City Council to direct staff to acquire a survey of the Schumann site, look at the current city budget and contact Indian River County for funding. The City Engineer said the South Barber Street Sports complex should be completed in two or three years. 8 Regular City Council November 17, 1993 Page Nine 15. ~ ~USIN~BS 93.263 A. ORDINANCE NO. O-93-19 - Adding New Chapter to Code of Ordinances - "Water and Wastewater Utility Rate ordinance" (Utilities Director Transmittal dated 11/12/93, O-93-19) 1st Reading, Set Public Hearing 12/1/93 Special Meeting AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE ENTITLED "THE WATER AND WASTEWATER UTILITY RATE ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS; PROVIDING GENERAL TERMS AND CONDITIONS REGARDING UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES, CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT FUNDS; RETURNED CHECK CHARGES; PROVIDING MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF WATER AND WASTEWATER RATE SCHEDULES; TERMS OF PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. The City Attorney noted that special legal counsel, Tom Cloud and Hartman and Associates representative, Robert Ori, were in the audience, read Ordinance No. O-93-19 by title only and advised that minor errors were corrected and presented to the City Council tonight. Robert Cfi, Hartman and Associates, and the Utilities Director addressed city Council, responding to cost concerns and questions. Mrs. Corum requested to see a copy of the rate study prepared by Hartman and Associates. Mayor Powell was excused from 9:35 p.m. to 9:37 p.m. Discussion took place on the Park Place surcharge. 9 Regular City Council November 17, 1993 Page Ten TAPE II - SIDE II (9:40 p.m.) The City Attorney and Finance Director responded to City Council relative to the surcharge. The Finance Director recommended that the entire Takeover Agreement with the county be revisited. Tom Cloud addressed City Council relative to impact fees. MOTION by Corum/Oberbeck I make a motion for Council to accept the first reading and set the public hearing for December 1, 1993 on Ordinance No. 0-93-19. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 93.350 nte~ A~reement ~ City of Sebastian/I~dian ~ ~_0_~ ~ Walmart Water amd Was~ater Servia9 ~ Director Transmittal dated ~ ProDo~e~ Aar~9~ent, Sketch of Servi~e Territorv~U~D~D_~Le~al~e$criDtio~ The Utilities Director reported on the staff meeting with Indian River county representatives relative to obtaining water service for Walmart. Me recommended that if City Council does not want to proceed with the proposed agreement, it schedule a joint meeting with the County Commission. Tom Cloud addressed City Council on the proposed agreement and City Council discussion continued. MOTION by Freeland/Oberbeck I make a motion that we approve 93.350 interlocal agreement for the City of Sebastian and Indian River County to supply water for Walmart and to authorize the signing of it by the Mayor and City Clerk. 10 Regular City Council Nove~Lber 17, 1993 Page Eleven 93.351 93.263 ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Mr. Oberbeck was excused from 9:58 p.m. to 10:00 p.m. A~end ~_~L~ River Area ~ League. Inc. Leas~ ~qreemeDt ¢Citv ~ Transmitta~ ~ 11/8/93j Diamond Letter ~ 10/17/93) The City Engineer requested, on behalf of the Little League, to amend its lease and reported on a compromise reached during a meeting held with representatives of Barber Street Sports Complex users and city and county staff. City Council discussion took place on conditions and duration of the Little League lease. MOTION by Freeland/Oberbeck I move that we direct staff to revise the lease agreement to include all four fields for the Little League from February i through July 31 and return to City Council for ratification. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Damp - nay) Environmental A~dit o__f Existing Genera~ Develgpment Utilities Treatment plant ~ i__n Sebastian ~ Director Transm~t~.al dated 11/10J.93, Enqineerinc Science Letters dated 10/21/93 D.nd 11/1/93) The Utilities Director presented a request to engage Engineering-Science, Inc. to conduct an environmental audit of existing treatment plant sites in Sebastian. 11 Regular City Council November 17, 1993 Page Twelve The City Attorney recommended that certain language in Attachment A be stricken. City Council concurred. 16. INTRODUCTION O__F ~ ~ B_~ TH~ ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Herbert Sturm, 549 Saunders Street, Sebastian, addressed City Council relative to the Code Enforcement Board. Theo Van Gelder, 6845 North River Run Drive, Sebastian reported on the SHARE (Self ~elp and Resource Exchange) program and submitted literature to the City Clerk/Acting City Manager. 17. Being no further business, Mayor Powell adjourned the Regular Meeting at 10:22 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 Ci/y of Sebastian PC, ET CTF;~E D~~' -~ D SEBASTIAN, FLORIDA~ TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MlgETING DECEMBER 1, 1993 - 6:30 P.M. CITY COUNCIL CHAM~ERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAi' BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. No public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-19) pURPOSE: PUBLIC HEARINGS AND ADOPTION OF: 1) ORDINANCE NO. O-93-19 - Adding New Chapter to Code of Ordinances - Water and Wastewater Utility Rate Ordinance RESOLUTION NO. R-93-59 - Water and Wastewater Rates Mayor Powell called the Special Meeting to order at 6:30 p.m. and explained its purpose. 2. The Pledge of Allegiance was recited. Special City Council Meeting December 1, 1993 Page Two 93.263 Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio 4. PUBLIC ~EARING. F~NAL~PTION 0RDI__~D~___~0. ~ - Adding New Chapter to Code of Ordinances - "Water and Wastewater Utility Rate Ordinance" - Revised Draft (Utilltles Director Transmittal dated 11/22/93, o-93-~9) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE ENTITLED "THE WATER AND WASTEWATER UTILITY RATE ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS; PROVIDING GENERAL TERMS AND CONDITIONS REGARDING UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES, CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT FUNDS; RETURNED CHECK CHARGES; PROVIDING MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF WATER AND WASTEWATER RATE SCHEDULES; TERMS OF PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. Special City Council Meeting December l, 1993 Page Three The City Attorney read Ordinance No. 0-93-19 by title only and Mayor Powell called for public input at 6:33 p.m. Joe Morozowski, 3426 Heather Way, Sebastian, spoke on behalf of Park Place residents, questioning the agreement between Nelson Hyatt and Indian River County which placed a $10 surcharge on Park Place residents, and which the City of Sebastian has continued to charge. The Utilities Director responded that the City Council approved the interlocal agreement which set in place the city charging the $10 surcharge and stated that its legality is something the City Attorney would have to research. The City Attorney gave a brief history of the negotiations between Mr. Hyatt and Indian River County, which resulted in the surcharge, stated that the city is acting as a conduit by virtue of the Interlocal Agreement, and suggested that residents could file a suit to have a judge determine legality. The Finance Director said she believed the City should obtain a legal opinion before payment is made to Mr. Hyatt with City funds. City Council discussion followed. MOTION by Oberbeck/Damp I would move that we authorize the City Attorney and special attorney Mr. Cloud to review the documents regarding the surcharge on Park Place, and come back to this council and advise us with regard to the apparent shortage in equipment removals that took place during the transition. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Special City Council Meeting December 1, 1993 Page Four The City Attorney read amendments to the ordinance as submitted by the Utilities Director (see attached). Mayor Powell closed the public hearing at 7:01 p.m. MOTION by Oberbeck/Freeland I would move that we approve Ordinance No. 0-93-19 with the amendments as read by the'Attorney. Mrs. Corum expressed concern for lack of a long range plan and use of gas tax or one cent tax funds for collateral. ROLL CALL: Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye 93.263 MOTION CARRIED 3-2 (Corum, Damp - nay) Eso~NO. ~93-$9 - Water and Wastewater Rates (Utilities Director Transmittal dated 11/22/93, R-93-59 v/ Exhibits) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-93-59 by title only, Mayor Powell opened the public hearing at 7:04 and, being no input, he closed the hearing. MOTION by Oberbeck/Freeland I would move that we adopt Resolution No. R-93-59 water and wastewater rates. ROLL CALL: Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay MOTION CARRIED 3-2 (Damp, Corum - nay) Special City Council Meeting December 1, 1993 Page Five Being no further business, Mayor Powell adjourned the Special Meeting at 7:05 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. 0'Halloran, CMC/AAE City Clerk 5 ~ ~ ,. CiQ, of Sebastian ¢-~_? 5~-77~.~.~C-9Z 755; ;7 : SEBASTIAN, FLORIDA ~ TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MF~TING WEDNF. SDAY, DECEMBER 1, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON rrEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE crrY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the Workshop to order at 7:20 p.m. The Pledge of Allegiance had been previously recited at the Special Meeting. 3. Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Assistant City Attorney, Richard Torpy City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio City Council Workshop December 1, 1993 Page Two AGENDA ~ODIFICATIONS /ADDITIONS AND/OR ~ The City Attorney requested moving item 10.E. to B.1. City Council concurred. Mrs. Corum requested that items H and C be switched, however no change was made. AWNO~CEME~.,,S None. 93.353 All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Ameron Homes, Inc. - Specimen Tree Removal Request - Lot 30, Block 494, Unit 15, Sebastian Highlands - One Pine (Director of Community Development Transmittal dated 11/22/93, Application, Survey) The City Clerk/Acting City Manager read the consent agenda. Mrs. Corum inquired whether this property was in scrub jay area. It was the consensus to City Council to concur with the inspectors statement that it was not. MOTION by Oberbeck/Damp I'm going to move for approval of the pine tree on Lot 30, Block'494, Sebastian Highlands Unit 15 and require the builder to coordinate with Fish and Wildlife with regard to the gopher tortoise den. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1 (Corum - nay) City Council Workshop December 1, 1993 Page Three 7. MAYOR AND CITY OO~NCIL KATTERS A. Mrs. Norma Damp None. B. Mr. Robert Mr. Freeland inquired whether Kay Rogers could serve as an additional member on the Indian River County Recreation Committee, to which the City Clerk/Acting City Manager responded she would contact the county; and received a consensus to appoint Harry Thomas to serve on the MPO Citizens Advisory Committee. C. Ma~ Lonnie R. Powell None. TAPE I - SIDE II (7:30 p.m.) D. V~ce-Nayor yrank Obgrbeck Mr. Oberbeck inquired about the proposed waterway ordinance; and recommended that home occupational licenses be looked into. Mrs. Carolyn gorum Mrs. Corum expressed concern for the possibility of a rezoning of a grove on CR 510 to general commercial. 8. CITY ATTORNEY ~TTERS The City Attorney discussed the sunshine law and advised that if two or more Councilmembers are in attendance at meetings where discussion takes place on matters to come before City Council, individual City Council members should leave. He said the three requirements for such a meeting are 1) advance notice, 2) that the meeting be held in a public place, and 3) minutes be taken. 9. CITY MANAOER MATTERS The Finance Director gave an update on financing of the utility revenue bond, advising that a verbal commitment has been made by MBIA for bond insurance, however, MBIA will require a pledge of the half cent City Council Workshop December I, 1993 Page Four sales tax which would be released after three consecutive years of meeting the debt coverage ratio test. The City Manager said the Director of Community of Development had been excused from this meeting and advised that Tommy Thompson, Chairman of Planning and Zoning, is available to answer questions. 10. WORKSHOP ITEMS 93.263 ADDr0~e ~ with GPU for Continuation of ~Billinc IFinanc~ Direct~r~ datgO ~ GDU Letter hated ~ GDU a~reg~ent ~th ~bit A, GDU ~ ~ ~ ITRON Letter. ~DU ~ ~ Calculations) Following a brief explanation by the Finance Director, and City Clerk/Acting City Manager advice that this contract and the next should be executed by the Mayor, motion was made. MOTION by Oberbeck/Freeland I would move to approve the GDU transitional billing agreement and authorize the Mayor to execute and the City Clerk to attest. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Corum - nay) 93.263 Wa~e Biddin~ Procedure - Hardware and Software UPgrades in Conjunction with ~ Syste~ ~ ~ Approximately ~ iFinancq Director ~ransm~ta~ ~ 11/19/93, ~ ~ ~emo dat~ 11/18/93, SCT Letter da~ed 11/1~/93, SCT bicens9 A~reement) The Utilities Director gave a brief explanation of the need for upgrades. 4 City Council Workshop December 1, 1993 Page Five MOTION by Oberbeck/Corum I would move to waive the bid procedures to acquire computer hardware and software upgrades and authorize the Mayor to execute the license agreement with SCT as revised by the City Attorney's letter dated November 22, 1993 and incorporated as part of the SCT agreement and the City Clerk to attest to same. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Corum - nay) 93.337 Discus~ ~roDosed ~ NO- O-93-_~ ~ Charter ~ ~ Airport ~ Clerk/Acting City Manaaer Transm~ dated 1_~ propos~ ~_~ Walden {FAA} better ~ 1/11/89, Pot~er better dated 2/7/89, Nash better dated ~/20/89. Eisenarein (FAA3 Sta~.9~ent dated 6/7/89. Nash Letter dated 6/9/89. ~ Letter ~ 6/12/89, ~ Letter ~ ~ ~greement ~n Principle. ~ Snell Warren Dill, Roseland; John Evans, 11155 Roseland Road, Roseland; Bob Musante, 7925 126th Drive, Roseland; addressed City Council urging that language assuring that the master plan will be implemented be placed in the Charter. The city Attorney agreed with Mr. Evans that provisions of paragraph 10 of the Charter need to be deleted; advised that ballot language is limited by the State of Florida; said, if city Council approved, he could meet with Mr. Evans to draft sufficient language; and said that addition of master plan language in the referendum will in no way ensure its implementation. The Airport Manager said there is security in the master planning procedure. TAPE II - SIDE I (8:17 p.m.) City Council discussion followed. 5 City Council Workshop December 1, 1993 Page Six It was the consensus of City Council to direct the City Attorney to delete t_he second full paragraph in 10 of section 1.02 of the charter. MOTION by Corum/Damp I make a motion for the attorney'to meet with Warren Dill, John Evans, and maybe Norma Damp to rewrite the wording on ~.he referendum for the ballot. The City Attorney s~ated that Mr. Evans had suggested rewording the second paragraph of section 7. Mrs. Corum added that to her motion. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mayor Powell - nay Mr. Oberbeck - nay MOTION FAILED 2-3 (Freeland, Powell, Oberbeck - nay) Mayor Powell called recess at 8:46 p.m. and reconvened the meeting at 9:03 p.m. All members were present. 93.354 ~ ~nd~ Commissi..gn RecommeD~ation Re.' Limi~ Number o_~ Private ~ Parked at Residence're're_tP_~~_o_~ommunity Development ~ dated 11/12~.9~. ~ i ~ ~emo ~ 1118/931 Walter Barnes, 402 Azine Terrace, Sebastian, urged approval of limitations. Following input from each City Council member, recommendation from the Assistant City Attorney to add definitions to the ordinance and add language to make it enforceable, and input from J.W. Thompson relative to not including RV's in this ordinance, it was the consensus of City Council to direct the Assistant City Attorney to draft an ordinance and bring it back. 93.267 Review ~ and ~ Commission Recomm.~nda~ion Re.'~front DistriGt Rez0Ding D'r~ o_s[ ~ DeveloPment TraR~mittal dated ~ ~ & Z Memo dated 11~8/~3~ Proposed an u~~ Ruth Sullivan, Sebastian, addressed City Council. 6 City Council Workshop Dece~er 1, 1993 Page Seven TAPE II - SIDE II (9:18 p.m.) A1 Vilardi, 445 Georgia Boulevard, Sebastian; Sal Neglia, 461 Georgia Boulevard, SebaStian; Tom Collins, captain Hiram's, addressed City Council. City Council discussion followed. Mr. Freeland suggested that a meeting with riverfront property owners be scheduled to ascertain what they want to happen to their property. City Council input continued. TAPE III - SIDE I (10:05 p.m.) It was the consensus of City Council to direct staff to notify property owners from Main Street to Davis Street and from the east side of U.S. 1 to the river to schedule a meeting. J.W. Thompson, Planning & Zoning, inquired whether anything should be done relative to zoning and it was the consensus of city Council to direct staff to cease action on zoning at this time. 93.125 Assistant ~ Attorney Response to Comments Made BY ~erbert Sturm at 11/10193 ~eqular Meeting (Torp¥ ~ dated ~ l~th ~udicial Circuit ~ Appellate Division Orders) Vice Mayor Oberbeck was excused from 10:06 p.m. to 10:07 p.m. Herbert Sturm, 549 Saunders Street, Sebastian, requested that Attorney Torpy's remarks be given under oath. The Assistant city Attorney read the two final orders from the 19th Judicial circuit Court Appellate division to Herbert Sturm, advised that the 27 questions posed by Mr. Sturm are the same as those presented in court, and city Council concurred, following a brief discussion, that it hoped the issue was done. 7 City Council Workshop December 1, 1993 Page Eight 93.355 G. Proposed IntersectioD ~ Orange ~eiuhts ~n city ~n~ineer ReDortlCitv EnGineer ~ Oared 11/17/9~ a~ The City Engineer reiterated his report relative to the proposed intersection. 93.296 ~_~y ~ana~er Recruitment ~ Director Transmit~a~ dat~.d 11/2.~..~93) The Personnel Director gave a progress report on City Manager recruitment. Mrs. Corum suggested that someone with grant and planning experience be sought. MOTION by Oberbeck/Freeland I move to extend ten minutes beyond 10:30 p.m. VOICE VOTE on the motion carried 5-0. The Personnel Director said since grant writing is not in the description, applicants cannot be disqualified if they lack that criteria. Mr. Oberbeck recommended that City Council conduct the interviews and Mr. Freeland suggested an extensive personal background, credit check, and TAPE III - SIDE II (10:32 p.m.) suggested doing away with the vehicle allowance. 11. Being no further business, Mayor Powell adjourned the workshop at 10:34 p.m. Approved at the Meeting. 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 8 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-93-66 Vacation of Easement APPROVED FOR SUBMITTAL BY: i:y Manager: ) Agenda No. ) ) Dept. origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: * R-93-66 * Application * Survey * Andrianos Letter dated 11/3/93 * City Engineer Memos dated 11/8/93 and 11/29/93 ~ C~erk 12/3/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: We have received a request for vacation of easement, through MGB Homes, for Steven and Arla Andrianos, Lot 71, Block 299, Unit 11, Sebastian Highlands, for installation of a swimming pool. The City Engineer originally objected to the request, however, upon review, has concurred with vacation of five feet of the twenty foot rear easement. We have received no objections from utilities. RECOMMENDED ACTION Move to adopt Resolution No. R-93-66. RESOLUTION NO. R-93-65 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE SOUTH FIVE FEET OF THE NORTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOT 71, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI ?-56J, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING ~OR AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The south five feet of the north twenty foot public utility and drainage easement, Lot 71, Block 299, Sebastian Highlands Unit 11, according to the plat thereof, recorded in PBI 7-56J, Public Records of Indian River County, Florida. .ls2 SEC?~ONm_~ Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was duly passed and by the City Council of Sebastian, Florida, this , 19 adopted day of CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared ~ R. Powell and Kathry_~ ~. ~'Ha~oran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 19 . H. Joanne Sandberg NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles I. Nash, City Attorney 2 CITY OF EEBAET~AN APPLZCATZON FOR VACItTION OF EASEMENT(S) (This request shall no be accepted unless completed in full~ NAME: John Laman ADDRESS: 945 Fellsmere Road ~..z. Sebastian,_~L 32958 TELEPNONE NO. e407-589-7472 ~indtvidual, corporation, etc. seal below TYPE OF ENTITY:* individual ~ agent If corporation apply corporate LEGAL DESCRIPTION OF REAL PROPERTY ON W~ICH EASEMENT EXISTS: Lot 71 Blk 299 Unit 11 Sebastian Highlands 101 Chaloupe Terrace, Sebastian, FL 32958 (Attach description on attachment ~ necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled ~n by Building Official) TYPE~0F EASEMENT: PU & DE - rear of lot APPROXIMATE SIZE OF EASEMENT: ll0~/'feat in length 20' ~n width PURPOSE FOR REQUEST TO VACATE: We wou.l~ request thatl0' be abandoned in order to place a swimming pool behind tbs home, still leaving a (Explain in detail your need to release this easement) i [IEREBY CERTIFY that I, the Applicant, own the real property on which the easement I re~uest to vacate exists, or I am authorized to p~~his re,~uest to vacate by the owner of the real / / [ John/La.man Corporate Seal ~ch hereto the following: ( ) 1. MaD, plat, su~ey, or clesr ~rawin~ ~t least 8 1/2 x 11" wi~h paroel(~) of land ~d~cent to ~he easement requested to be vacated. 8HOW THE ~~ CL~RLY ON D~WING. ( )2 (N/A) k./( )3 (N/A) Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the 11nee provided above for the description. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. ( )4 ( N/A ) IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT iS TO BE VACATED, ATTAC~ A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. ( ) 5. Attach a check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee is not refundable. The fee is $25.00. ( ) 6. OTMER: file: }eban:app biz. & Hrs. Steven Andrianos Rt. *1 Box 108C Hammond, NY 132646 3 November 1993 City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Lot 71 Blk 299 Unit 11 101 Chaloupe Terrace Sebastian, FL 32958 Dear Sir: Please accept this letter as our written request for John Laman to represent us as our agent to handle the application to abandon 10' of the 20' rear easement on our property. We are constructing a swimming pool at the rear of our new ho~e and need to go 10' into the 20' rear easement. Thank you, Steven Andr ianos Ar 1 a Andr {'ax~os Cio of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 DA?E: TO: FROM: RE: MEMORANDUM November 8th, 1993 Kathryn M. O'Halloran City Clerk ~ Daniel C. Eckis, P. City Engineer/Public Works Director Abandonment of Easement Lot 71 Block 299 Unit 11 After an on site inspection of the above request, we are hereby denying the request for abandonment of easement of the south ten feet of the north twenty feet for installation of a pool. Our recommendation would be to change the width of the patio to allow the pool to remain inside the property boundaries. Should you have any questions or need any additional information, please feel free to contact me at this office. . City Engineer/Public Works Director DCE:lk cc: Bruce Cooper Kathryn M. O'Halloran City of Sebastia 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT:~ob Descriptions/ Utilities Department APPROVED FOR SUBMITTAL BY: K&thr~ ~. O,Halioran interim City Manager DEPT. ORIGIN= Per. DATE SUBMITTED=Ill22/93 AGENDA OF: 12/08/93 EZHIBITS: - Resolution - Resolutlon No.93-70 - Resolution No.93-71 EXPENDITURE REQUIREDt N/A AMOUNT BUDGETED: N/A APPROPRIATION REQOIRED: N/A SOMMARY As parc of the pending acquisition of the General Development Utilities System, the City will acquire the following new job descriptions for the Utilities Department: Water/Wastewater Treatment Plant Superintendent Water/Wastewater Treatment Plant Operator Water/Wastewater Treatment Plant Operator Trainee RECOMMENDED ACTION Move to adopt Resolution No. R-93-69; R-93-70; R-93-71. RESOLUTION NO. R-93-69 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES DEPARTMENT WATER/WASTEWAT~R TREATMENT PLANT SUPERINTENDENT; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIV~ DATE. BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION A. The job description for the classification of Utilities Department Superintendent, attached adopted. Water/Wastewater Treatment hereto as Exhibit "A" is Plant hereby SECTION 2= The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. ~ION 3. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4_~. This Resolution shall take effect upon /ts adooption. The foregoing Councilmember Councilmember vote was as follows: Resolution and, was moved for adoption by The motion was seconded by upon being put to a vote, the Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19 . CiTY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney 2 WATER/WASTEWATER TREATMENT PLANT SUPERINTENDENT UTILITIES DEPARTMENT MAJOR FUNCTION This position provides administrative, supervisory and technical work in the operation of the City's water and/or wastewater treatment plant(s). This position works independently under the general direction of the Utilities Director. .ILLUSTRATIVE DUTIES 1. Plans, organizes, directs and maintains the operation of the water/wastewater plants. 2. Schedules and assigns water/wastewater operators to work station(s) and service workers to field work. 3. Inspects plant(s) and recommends corrective action when necessary. · 4. Takes chemical tests on water/sewage samples. 5. Supervises subordinates and prepares performance appraisals. 6. Cleans treatment plant structures and equipment. 7. Checks and analyzes plant output, performs routine lab analysis. 8. Keeps accurate and legible production and lab records of the daily operations. 9. Performs other duties as assigned. MINIMUM 0UALIFICATIONS Knowledge, Ability & Skill 1. Knowledge of the principles, practices and procedures used in operating water/wastewater treatment plant(s). 2. Knowledge of all equipment used in water/wastewater treatment plant(s). 3. Ability to communicate, both orally and in writing. 4. Ability to troubleshoot minor problems. 5. Ability to supervise. Training & Experience The required skills would normally be acquired through attainment of vocational high school graduation and several years of working experience in a water/wastewater treatment plant, or an equivalent combination of formal education and working experience. Licenses/Certifications Must possess at least a Florida Class "C" water/wastewater plant operator's license and a valid Florida driver's license. RESOLUTION NO. ~-93-70 A RESOLUTION OF THE CITY OF SEBASTIAn, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER TREATMENT PLANT OPERATOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The job description for the classification of Utilities Department Water/Wastewater Treatment Plant Operator, attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTIO~ ~. This Resolution shall take effect upon its adooption. The Councilmember Councilmember vote was as follows: foregoing Resolution and, was moved for adoption by The motion was seconded by upon being put to a vote, the Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of. , 19 CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney 2 WATER/WASTEWATER TREATMENT PLANT OPERATOR UTILITIES DEPARTMENT MAJOR FUNCTION This position provides technical work in the operation of the city's water or wastewater treatment plant(s). This position works under the general direction of the Plant Superintendent. ILLUSTRATIVE DUTIES 1. Maintains the operation of all plant equipment and machinery. 2. Makes adjustments, replaces or repairs defective parts, if qualified, or notifies supervisor if work requires outside help. 3. Checks and analyzes plant output, performs routine lab analysis, keeps accurate records, and reads meters. 4. Takes chemical tests on water/sewage samples. 5. Determines proper flow rates, pumping quantities, filter levels, and other functional operations. 6. Cleans treatment plant structures and equipment. 7. Instructs and oversees the work of Water or Wastewater Treatment Plant Operator Trainees. 8. Keeps accurate and legible production and lab records of the daily operations. 9. Performs other duties as assigned. MINIMUM QUALIFICATIONS Knowledge, Ability & Skill 1. Knowledge of the principles, practices and procedures used in operating water/wastewater treatment plant(s). 2. Knowledge of all equipment used in water/wastewater treatment plant(s). 3. Ability to communicate, both orally and in writing. 4. Ability to troubleshoot minor problems. 5. Ability to maintain reports accurately and legibly. Training & Experience The required skills would normally be acquired through attainment of vocational high school graduation and one year of working experience in a water/wastewater treatment plant, or an equivalent combination of formal education and working experience. Licenses/Certifications Must possess a Florida Class "C" water/wastewater plant operator's license. RESOLUTION NO. R-93-71 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER TREATMENT PLANT OPERATOR TRAINEE; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: ~ECTION A- The job description for the classification of Utilities Department Water/Wastewater Treatment Plant Operator Trainee, attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effect upon its adooption. The Councilmember Councilmember vote was as follows: foregoing Resolution and, was moved for adoption by The motion was seconded by upon being put to a vote, the Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19 . CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney 2 WATER/WASTEWATER TREATMENT PLANT OPERATOR TRAINEE UTILITIES DEPARTMENT MAJOR FUNCTION This position provides technical work in the operation of the City's water and/or wastewater treatment plant(s). This position is under the general supervision of the Plant Superintendent and may also work under the direct supervision of a Treatment Plant Operator. ILLUSTRATIVE DUTIES 1. Maintains the operation of all plant equipment and machinery. 2. Makes adjustments, replaces or repairs defective parts, if qualified or notifies supervisor if work requires outside help. 3. Checks and analyzes plants output, performs routine lab analysis, keeps accurate records, and reads meters. 4. Takes chemical tests on water/sewage samples. 5. Determines proper flow rates, pumping quantities, filter levels, and other functional operations. 6. Cleans treatment plant structures and equipment. 7. Performs minor maintenance of the facility, including painting, cleaning, washing down facility and ground maintenance. 8. Keeps accurate and legible production and lab records of the daily operations. 9. Checks and maintains sewage lift stations. 10. Performs other duties as assigned. MINIMUm.. QUALIFICATIONS Knowledge, Ability & Skill 1. Knowledge of the principles, practices and procedures used in operating water/wastewater treatment plant(s). 2. Knowledge of all equipment used in water/wastewater treatment plant(s). 3. Ability to communicate, both orally and in writing. 4. Ability to troubleshoot minor problems. 5. Ability to maintain reports accurately and legibly. Training & Experience The required skills would normally be acquired through attainment of vocational high school graduation and limited working experience in a related area, or an equivalent combination of formal education and working experience. Licenses/Certifications Must be able to obtain a Florida Class "C" water/wastewater plant operator's license within 18 months of hire. City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-93-74 First Amendment to Lease Agreement - Sebastian River Area Little League, Inc. AP. PROVED FOR SUBMITTAL BY: city Manager: ~. (~, ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: * R-93-74 * First Amendment * Existing Lease ~ ,Clerk 11/30/93 12/8/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The City Council, at its November 17, 1993 Regular Meeting, concurred with an amendment to add fields three and four to the existing lease agreement between the Sebastian River Area Little League, Inc. and the City for real property at the Barber Street Sports Complex. Resolution No. R-93-74 with the First Amendment to Lease Agreement is enclosed for approval. RECOMMENDED ACTION Move to adopt Resolution No. R-93-74. RESOLUTION NO. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AMENDING THE LEASE AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC.~ AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABiLIT¥~ AND PROVIDING POR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida and the Sebastian River Area Little League, Inc. entered into a lease agreement for real property located at the Barber Street Sports Complex by the adoption of Resolution No. R-90-42 on October 24, 1990~ and WHEREAS, the City of Sebastian has completed construction of fields three and four at the Barber Street Sports Complex; and WHEREAS, the Sebastian River Area Little League, Inc., desires to add fields three and four to its existing lease agreement; WHEREAS, the City Council, at its November 17, 1993 Regular Meeting concurred with the proposed amendment to the Lease Agreement provided to it by city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. FIRST AMENDMENT TO LEASE AGREEMENT. The City Council of the city of Sebastian, indian River County, Florida, hereby agrees to enter into the First Amendment to the Lease Agreement with Sebastian River Area Little League Lease, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein by this reference. Section 2. EXECUTION. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the First Amendment to the Lease Agreement with the Sebastian River Area Little League, Inc. ~ 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ 4. BEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 2 Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Coru~ Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this __ day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 FIRST AMENDMENT T_9OL__EASE AGREEMENT This First Amendment to Lease Agreement is made and entered into this day of , 1993, between the CiTY OF SEBASTIAN, FLORIDA, a Florida municipal corporation, whose principal office is located at 1225 Main Street, Sebastian, Indian River County, Florida 32958, party of the first part (hereinafter referred to as the "Landlord") and Sebastian River Area Little League, Inc., a Florida Not-For- Profit corporation, party of the second part (hereinafter referred to as the "Tenant"). NI TN~ ~ E T H: WHEREAS, the Landlord and Tenant have agreed to amend the certain Lease Agreement entered into on the 24th day of October, 1990, and adopted by Resolution No. R-90-42, said Lease Agreement being between the City of Sebastian, Florida and Sebastian River Area Little League, Inc., for real property located at Barber Street Sports Complex, as follows: "Paragraph 1 of the Lease Agreement is hereby amended to add fields #S and ~4 to the "Leased Premises". In all other respects, the provisions of the original Lease Agreement shall remain in full force and effect." IN WITNESS WHEREOF, the parties this this First Amendment to Lease Agreement have set their hands and seals hereto, on the day and year first above written. By: ATTEST: Ka~hryn M. O'Halloran, CMC/AAE City Clerk (S E A L) By: Witnesses: Approved as to Form and Content: Charles Ian Nash City Attorney 5 "LANDLORD" CITY OF SEBASTIAN Lonnie R. Powell, Mayor "TENANT" SEBASTIAN RIVER AREA LITTLE LEAGUE, INC. City of Sebastian ~,.¢4C.- gC.X 73G,-127 [] SEBASTIAN, FLORIDA"~¢~8 TELEPHONE (407) 589-5330 B FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: December 7, 1993 Mayor Powell and City Council Members Kathryn M. O'Halloran ,~ ~ City Clerk/Acting City Manager ' Relocation of Polling Place for Precinct 16 Attached please find letters from Ann Robinson, Supervisor of Elections and A1 Thompson, Sebastian Elks Lodge, relative to relocation of the polling place for Precinct 16 from the Calvary Baptist Church to the Sebastian Elks Lodge No. 2714, 731 South Fleming Street, due to the need for a larger facility. No City Council action is necessary. This is for information purposes only. All related documents for election will be amended accordingly. sam DEC-07-1993 11:44 FROM IRC ELECTIONS SUPERVISOR TO 58955?0 P.O1 ANN ROBINSON SUPERVISOR OF ELECTIONS 1844) 25TH STREET. SUITE N*I09 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: {dO7) 567-8187 or 567-8000 December 7, 1993 Mrs. Kay O'Halloran, City Clerk City of Sebastian P.O. Box 780127 Sebastian, FL 32978 Dear Kay= Pelt-it" brll~ f~x ~u~mlttal memo ~ 1#~. ix~, ~L_ We are pleased to let you know that the Sebastian Elks Lodge No. 2714 at 731 South Fleming Street, Sebastian, has agreed to let us use its facilities as a polling place for Precinct A copy o~ the letter from A1 Thompson, Exalted Ruler, is also a:tache~. This should provide a larger place for the 2,063 voters in Precinct 16. We will send new voter ID cards to every one of the registered voters in February, about a month prior to your city election on March 8. Sincerely, Ann Robinson Supervisor of Elections Indian River County DEC-07-1993 11:44 PROM IRC ELECTIONS SUPERUISOR TO 589SS70 P.02 (4o7) SEBASTIAN LODGE NO. 2714 B.P.O. ELKS .4 Fraternal ~' n P.O. BOX 78206O SEBASTIAN, FLORIDA Rd. No. Dec 2 1993 Joyce Juliano 1840 25 St. Veto Beach Pl. 32960 Dear Joyce; in response to our telephone concersation, please be advised =hat the Sebastian Elks Lodge #27]4 would be pleased to ~ave you use the lodge as a election point. If you would like to inspect our building, the Secretary will be in his office on Wed. and Friday at one (q) P.M. We are looking forward to our association. Fraternally; Al. Thompson, ~alted Ruler I I /~ THIS LEA~. AGREEMENT, made and entered into this ,~, day of Florid ....... ~-~- . .~o~.auec in Inalan River Count . ,, ~, .parry cz ~ne xirs= patsy (~ereinafter referred Landlord ), and the SEB~-~--. ............ to as the F so=ACh, par:y of ~e second part (hereinafter referred to as the "T~t-). I W I T N 1~ S S E T H: WHEREAS, the Landlord is the owner of certain real property located in the City of Sebastian, County of Indian River, State of i Florida; and WHEREAS, the Landlord has agreed to lease such real property I to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease such real property from i the Landlord. NOW, THEREFORE, in' consideration of the remlse , i ~ovenants, terms and ~+~-- . P s the hereinafter, the rec-~-- --~ ..... P _ e~ as set forth ~Fu ~nu ~uII1clancy of ~hich are hereb.k acknowledged, the parties hereto have follows: g eu and Od agree as I _ .. 1. ~eased P.~emi~e~: Subject to'the terms and conditions set zorth in this Lease Agreement, and for so long as th~ Tenant shall continue to operate a baseball league for the area s youth, the I Landlord leases to the Tenant and the Tenant rents fro~ the Landlord the certain real property located at the Barber Street Sports Complex located in Sebastian, Indian River County, Florida, I such property of the Landlord being more particularly described as Fields 41, 42 and the refreshment stand/rest rd identified o S ,~,,~.... _~ ....... om bulldin as n ch_..~ , .=uacneo ne g I incorporated herein. The a~ ...... ~ re~o an~ by this reference improvements constructed thereo~ -----~ ..... ~ party and any -., ~n=~uu~ng DUllUlngs and ~lxtures, shall be hereinafter referred to as the 'Leased Premises . I term (herelns'ft'er the 'Lease Term') beginning on the date of 2. Term of Lease: This Lease shall be for one nonrenewable execution of this Lease by both parties and ending on November 21, i 2004, unless earlier terminated or extended as provided herein. However, the termination of this Lease by either party shall not operate to cure any default of any cf the terms and conditions of I this Lease by a defaulting party. Rent 3. --__i: The rent to be paid by Tenant to the Landlord for the Lease Term shall consist of the sum of One Dollar ($1.00). I The parties hereby acknowledge payment by Tenant and Landlord of said rent. receipt~~ I I 4. Additional Ren~: The Tenant egress to pay as rent in I addition to ~he ren~ provided for in Paragraph 3 of this Lease Agreement, any and all sums which may become due by reason of the failure of the Tenant to comply with all of the covenants, terms I and conditions of this Lease and any and all damages, costs and expenses, including attorney's fees (both at trial and all appellate levels) which the Landlord may suffer or incur by reason I of such default, and also any and all damages to the Leased Premises caused by any act or neglect of the Tenant, or its assignees or sublettees. S. ~ns~.ran~e: I . (a) L~ability Insurance: From February 1 through July I 31 cf mac, year dur/~ th~ LeaseT~m, the Tenant shall provide and keep in force et its own expense public liability insurance es. T~e insurance coverage to be provided by the Tenant shall contain limits of not less than$300,000.00 for injury or death of any one person and death for any one accident. $1,000,000.00 for injury or I . .(b) ~iscellaneous:_Any policy or policies of insurance required ~y the Lease Shall be issued by one or more insurance I companies authorized to engage in business An the State of Florida end the Tenant shall supply the Landlord with e certificate of such lns~ren~lth~v{gence of.the payment of the premium thereon. Ail y ancellatlon or material change of such policy or policies, in case of fallure of the Tenant to make I premium payment when due, the Landlord may pay the amount of any such premiums, which amount with interest thereon from the date of payment by the Landlord shall be due and payable by the Tenant to I the Landlord /mmedlately. Copies of renewal policies for any insurance required under this Paragraph ~ shall be deposited by the Tenant with the Landlord at least ten (10) days prior to the I expiration of existing policies, and upon the failure of the Tenant to do so, the Landlord may mediately purchase, for the account of the Tenant, the necessary insurance from any reputable insurance company without notice to the Tenant, and the Tenant shall I reimburse the Landlord for the cost thereof within ten (10) days after demand for same by the Landlord. The Tenant shall have the right to carry the insurance provided for in this Paragraph 5, or I any portions of such insurance under a blanket or comprehensive all-risk'policy. 6. Use of Leased Premises: i (a) Exclusive Right of Use: During the Lease term, from February 1 thrOUgh J~ly"3~,'%he Te'~ant shall have the exclusive I 2 I I right to use and enjoy the Leased Premises, provided, however, that the Tenant shall have the non-exclusive right to use the rest I r?o?.s, .$wit. ch room, and all common areas, including, but not by way oz l~m~uatlon, the parking lot, spectator areas and bleachers. all applicable laws, ordinances, orders end re lation by lawful authorlt,, h-..~--~..-~-~ .... gu _ $ prescribed .~.?. =ne bease~ Premises. If for an~ teas~- ~ ....... Y op.e.rat.ed oD=ain, or once obtained ~s unable to continue t applicable governmental llcense~ ~ .... , ~ ..... o hold _ the I the refreshment ~n~ __ ,~ ~..~=~m~a a~owlng it to operate_ ceao~ ..... ~,__ it--.-,_~ .z~ =ne Tenant shall, for i an agreement ~ith a third ~e ~=s opera=ion or, to enter into ..... party ~hereby such third party shall opera=e =ne reIreshment stand. Thereafter, the Tenant shell have no further right or interest in the refreshment stand/restroom i building. . (c) Use aS Recreational .~act~ty: The Tenant agrees I recreational facility for its members and guests. The Tenant that the Leased~remises shelf" be 'uSed by the Tenant solely as a agrees that the Leased Premises shall not be used for any other i purpose. (d) Possession and Use of Alcoh01: The permit the possess ' ~ ,..~ _~ ....... Tenant shall not _ ion o, ,~= u~ ~=onol on:~e Leased Premises. i 7. Utilities: The Landlord shall be responsible for electricit~] wa{er~ ~anitary and storm sewer. The Tenant shall be responsible for janitor service and any other util I consumed in connection with th ....... ity or service by the Tenant. = occupancy o: :~e Leased Premises 8. Affirmative Covenants of Tenant: The Tenant covenants I and agrees--that it ~l~l without demand:' (a) Preparation of Fields: Assume responsibility for I and undertake ahy and ~i1 Preparations and efforts required to be performed on the Leased Premises in order that l a playing field for the ~ame o~ ~---=-,, .... t may be used as ~ ~ ~a~eue~, lncluolng, but not by way of limitation, lining, dragging, and raking of batter boxes, base I lines and warning tracks. Furthermore, it shall be the Tenant,s responsibility to furnish all equipment necessary to play baseball; provided, however, that the Landlord shall, upon the commencement I of this Lease, furnish two sets of bases, including pitching rubbers, and shall replace said items on a yearly basis, es needed, I when the necessity of such replacement is due to ordinary wear and tear. (b) Waste: Conduct its use of the Leased Premises in suc.h a ma,nner ~ to be a nuisance, and shall not allow any .n. oxao~us ce, ors. or vg?ors to be emitted from the Leased Premises. use cz explosives, Ilammable a~d/or corrosive agents and other like materials is not approved unless authorized by the Landlord in advance. Any cleaning agent apparatus will be installed and vented to the outside at the Tenant's cost and only if installation is approved in writing in advance by the Landlord. The Tenant shall not engage /n activities that waste the Leased Premises. (c) ~: ~eep the Leased Pre, lees and all ~lmp.rov..ement.s .e~ereon .in a clean and orderly state, · nc~uo~ng, Du~ no~ Dy way of l~mitation, all fields and ad3ecent spectator areas, the announcers, stands and scoreboards the "du?out' areas of each field, the refreshment stand an~ +~ re.$.~ro.oms. ~Te. nant's obligation to clean shall /nclude tee dutv~ co£~ec~ an~ oepostt all trash end garbage into the ~ containers located on the Leased Premises for this purpose. The Tenant's responsibilities under this Paragraph 8 (c) shall also include the duty to supply the rest rooms with toilet paper and all other necessary sanitary items. The Tenant shall permit the Landlord's duly authorized agents to enter upon the Leased Premises and the buildings and /mprovements thereon erected at any reasonable time,' and from't~me to t/me, for the purpose of /nspect/ng and appraising the same. The Tenant shall comply with all reasonable orders, re.gu.l.atton, s o..rule? ~d requirements of every kind and nature ~re£a=~.ng ~o. =ne._cl.eanlng .o.r orderliness of the premises, now or nerea==er_l.n er.I. ec~.,..of }ne. federal, State, municipal or other governmen=al au=nora=les having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, or to changes or requirements incident thereto, or as the result of any use or occupation thereof or otherwise, and the Tenant shall pay all costs and expenses ~nctdental to such compliance, La ..... and,.shall defend, ~ndemntfy and save harmless the no~oro Item a~ expense, and damages by reason of any notices, orders, violations or penalties filed against or imposed upon the Leased Premises or against the Landlord as owner thereof, because of the failure of the Tenant to comply with this covenant. In the event of the failure of the Tenant promptly to perform the covenants of this Paragraph 8(c), the Landlord may go upon the Leased Premises and perform such covenants, the cost thereof, at the sole option of the Landlord, to be charged to the Tenant as additional and delinquent rent. (d) Improvements: The Tenant shall not cause any improvements to be mad~ t'0 fhe Leased Premises without the advance written consent of the Landlord. Provided, however, that this provision shall not be deemed to prevent the Tenant from performing 4 i ! or arranging for the performance of any of its duties or exercising any of its rights under Paragraph 8. Unless otherwise agreed in I writing between the parties hereto, all costs of any improvements _shall. be b.orn.e b.y t~e Tenant. All improvements made on the Leas ~remlses, /~cludln the cons e I of fixtures, shaiigbecome °n .of .l.l.d _gs end installation ~-= property ox %ne ~andlord upon their construction or installation, but shall be deemed art of Leased Premises for purposes of this Lease Agreement. p the I si n or sl(1)s Slgn,s,~ The Tenant'shall not erect or maintain a g g on the Leased Premises of ny i advertising nature, a commercial or private ~ _ if) . ~. Keep locked the announcers, stands :ne rezresnmen= s:and/rest and a ...... = .... room building, lncludln- r-~-~-= -~ (g) Batting Cages- T install two ,2~-bat+4 ....... :- he Tenant shall have the right to - , , ~,~ ~=~l=e cages, provided, however, that any such cage or cages shall be installed and maintaine ~ua~c ~o ~:s obligations ~ = ; ~A,= Landlord under Paragraph 10 (b). The Tenant shall bear all expenses related to the purchase, installation and maintenance of such batt~g practice cmges ~d shall at all t~es keep such ~ages ~ good condition and repair. .. (h) ~Dl!ance: C~ply with any remitments of any of =ne constituted Public aU~orities, and with the te~s of any state or federal statute or local ordinance or radiation applicable to ~:::n%~JmitS use of the Lea..~ ~r--ises, and save the Landlord penalties, fines costs or d~ages resulting from failure so to do. ' (i) Fire: Use every reasonable precaution against fire. (J) Rules and Re~lations: Comply with reasonable ~les and re~lation~ ~f' the Landio~d pro~lgated as hereinafter provided. I or other terminatl6n of t ~&,,= ==_. _ piratlon (k) Surrender o~ Leased Premises,: Upon the ex ....... ~%s ..... , Aor any reason whatsoever. surrender ~o zne Lano~oro ~ne Leased Premises together with the I buildings and improvements thereon erected or standing thereon and the building equipment then upon the Leased Premises, together with all alterations and replacements thereon, in good order, condition and repair, I except for reasonable wear and use thereof, and except for such damage by any taking by condemnation or exercise of the right of eminent domain. The Tenant further agrees to promptly i deliver ~o the Landlord at its office all keys for the Leased Premises (1) Notice of Casualty and Nee~ for Repair: Give tc the Landlord promp~written n~tl"Ce of any' accident, fire or ~amage occur.ring on or to the Leased Premises. G-~ve to t~e Landlor~ promp~ written notice of any condition of the L~ased Premises requiring repair or maintenance which the Landlord has agreed to take responsibility for under Paragraph 10. (m) Yacation: If the Tenant shall vacate or decide at any time during the' 'Lease Term to vacate the Leased 'Premises prior to the expiration of this ~-ease Term, or any extension of the recreation facility, this Lease shall /mmediately terminate without the necessity of any legal pro~eeding or other action on the part of the Landlord, and all right, title and interest /n the leasehold created by this Lease shall revert and revest in the Landlord l~mmedlately and automatically. 9.._ ~ega.t.!ve C.o. vanants of T..enapt: The Tenant covenants and agrees ~nat it ~llA do none of the following things without the consent in writing of the Landlord first had and obtained: (a) Use: Occupy the Leased Premises in any other manner or for any other purpose than es above set forth. . (b) Asslo.nment. etc.: Assl~- ~= .... i .. .,, r ,~ ~. unz~ ~ease or ~ypothecate ---= ~~.~a=, =ransxer, ~YpO=~ecation, mortgaging or subletting ~i~out the ~ritten consent of the Landlord shall be ~ void ab initio. (c) Alterations and Improvements: Make any structural alterations, impro%emeats% or adSl%ions'to the Leased Premises, except as provided herein. Ail structural alterations, additions and improvements (except trade fixtures, furniture and equipment other than building equip~ent) which may be made or installed by the 'Tenant upon the Leased Premises shall upon the making or installation thereof be and become a part of the Leased Premises and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease, unless the Landlord shall, prior to the termination of this Lease, ~ave given ~3~n ~ice to the ~enap~ to remove the same in which event the ~nan~ wz~ remove such alterations, improvements, and additions and restore the Leased Premises to the same good order and condition in which they now are. Should the Tenant fail so to do, collecting, at the Landlord,s option, the cost and expense thereof from the Tenant as additional rent. (d) Machinery: Use or operate any machinery that, in i the Landlord,s oPknion, ts harmful to the Leased Premises or the buildings of which the Leased Premises is a part. 6 (e) ~ Place any weights in any portion of the Leased Premises b~6~-~-~e safe carrying capacity of the structure. (f) Vacation~ Vacate or desert the Leased Premises during the Le~se T~rm, or permit the same to be em t unoccupied without the Permission of the Landlord. P y and (g) Recordation: Record ~=-- - un~ ~ease. If t Tenant violates this c~venant,"the Tenant hereby irrevocably auht~orizes. empowers and designates the Landlord as its lawful attor the purpose of having said Lease marked satisfied of reco~y for (h) Encumbrances/L~ens: Allow any mort other encumbrance or Secu--~ ~_z _ _ _ _ g ge_ lien or ~uy za~eres= =o De created against or ~~ to the L,as.d Premis.$ or any building or fixture located 10. Obligations of Landlord:. The Landlord covenants and agrees tha~ it ~111 W~thOut demand. (a) ~alnten&nce and Repair: Keep the Leased Premises and all lmprovemen{~ .erected thereon~good condition and repair, including the exterior end /ntertor structures, the roof. all plumbing, heat/ag and electrical systems, the field li htin boards, fe~cin~ and back~enn~ -~ ...... ~-. ~ g g, core repazr all co~on areas of the Leased Premises, including the parking lot, spectator areas and bleachers. The Landlord further agrees to maintain all grass areas of the Leased Premises, which duty shall include mowing, fertilizing'and oPerating an irrigation system. I (b) Trash Removal: Remove from the Leased Premises all trash and gar~ag~ 'colleCted by the Tenant pursuant to its obligation under Paragraph 8(c). I (c) ~at~ln~ Ca,es: The Landlord shall provide adequate space on the LeaSed Premise~ for the Tenant to install up to and i including two (2) batting practice cages as permitted under Paragraph 8(g). 11 i.... -_ ~andlord~s Rights: The Tenant covenants and agrees that =ne bandlord shall have ~h~ right to do the following things and matters in and about the Leased Premises: I authorized(~[enItn~pegt.~on{ At _all reasonable times by its db1 = ......... ~ ~, =~ go upon and inspect the Leased -------- ~ ~-~ p~r~ ~nereoI, and/or at ~- ~-~-- - ~.~=e= an~ alterations and ~o upu~on :o make repairs, additions to the Leased Premises. I (b) Use of Leased Premises: Use the Leased Premises for any public ~Urp'~se'fro~"A~uSt 1'through January 31 each year, I , provided, however, that during this period the Tenant is relieved of performing its obligations under Paragraph 8. 12. Responsibility of Tenant. The Landlord shall not in any event be reSponSible, and the 'Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of the Tenant and the Landlord) and damage, destruction, or loss of use of any property, lncludln the Leased Premises (except as s~ec~*~--~ ....... ~ .... · . . .... ~-..~ ~y ~ny even: happening on or about the ~ased Pr ) du~g ~e per~od of t~e ~e T~t ~-- ~a .... - .... ~lses an~ enjoy the ~ased Pr~ls~ as set for~ ~ Paragraph 6 a except ~f s~e re~lts fr~ +~-~--~- ............. agents, servers or ~--" ..... ~tl '~~?~ o~ ~e L~olord, its God. The T~$ .~~~or.=~ ~=ural ~iasters or acts of exposes ) ar~s~- ~,+ -- -- -- _~uuln9 a~o~y's fees ---, .,~=~u or o:ne~lse of the Ten.t, third persons, or any of ~eir a~, se~~ or ~ployees which arise out of or are in ~y way co~ected w~th the maint~ance, use. o erat~o or oc~pat~on of the Leas~ ~------- ~ .... P n, acts of God. ,~ The L~dlord shall pr~ptly notify the Tenet of asserted aga~st the Landlord on account of any such injury or claimed inju~ to persons or property and shall promptly deliver to the Tenant the original or a t~e copy of any s~ons or other process, pleading or notice issued in any suit or other proceeding to assert or enforce any such cla~. The Tenet shall right to defend any such suit =,~*~ -~ ....... h~ve the ...... ~ =~- o~ur~y~ oI ~s own .......... ~ ~ ~uzufler covenan=eo ano agreed uy :ne par=xes hereto that ~ no case shall the L~dlord be ~nder any expressed or implied covena-~ -~ .... liable -~ ox ~nls Lease ~or any o~ages whatsoever to the Tenet acc~ing after an act o of covenant Y r breach the Landlor~Or which d~a~es may be sought to be recovered against The Tenant shall defend, indemnify and hold harmless the I Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused I by or in any manner arising out of any breach, violation o nonperformance by the Tenan+ A- .......... r this Lease. ~ ~ ~ --r =ovenan=, ~erm or provision of 13. Damage to Leased Premises: In the event the Leased I Premises are dam,'ged by' ft~e or other casualty not occurring I through the fault or negligence of the Tenant or tho acting for it, the parties hereto agree as follows:se employed or (a) The Landlord shall be obligated to re %eased Premises if the insu ............ Store the ,. = -~u my zzre or o=~er casualty is sufficlen{-~ cover :ne costs of restoring the Leased Premises to their original condition. comparable facilities under terms and conditions that the a shall, at such t/me, mutually agree upon. p tries (c) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of re Leased Premises to thai- -------- .... storing the comparable to the Le .... ~_ "~t~an~ conoA=lon and facllitt.~ parties aoree th-* ~ ~re~.lses .are not then a~o=Aa=e a remedy equitable to (~) In the event the Landlord undertakes to restore the Leased Premises pursuant to subparagraph 13(a) above, and as a result of the damage to the Leased Premises or the Landlord.s repair efforts the Leased Premises are rendered un Lease Term shall be extende~ ~ ...... tenantable, the erlod of t/me th. Leased to the (e) The Landlord has 22j t~"hlz~Leua~ee~napnr~l~els in their present condition and without any representations on the part of the Landlord, its officers, amployees, servants and/or a~ents. The Tenant hereby acknowledges that it has Premises riot inspected the p P to executing this Lease and t Leased remises to be in satisfactory condition, hat it finds the Leased 14. Miscellaneous A reements and Conditions: (a) Non-Waiver: The failure of either party to insist upon strict pe~form&n~e of any of the covenants or conditions to this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such covenants or conditions of this Lease or option, but the same shall be and remain in full force and effect. (b) Accord and Satlsfactlon~: No payment by the Tenant or receipt by the L~ndi0rd of ~ lesser amount than the rents herein stipulated shall be deemed to be other than on account of the 9 earliest.st.ipulated r?nt, nor shall any endorsement of statement ~o_n_.an.y on. acK .or any ~et.ter ?ccompan_ying any check or payment as rent .De oe. em?c .a~ accoro eno satisfaction, a~d the Landlor~ may accept such cnecn or payment without pregudice to the Landlor~ right to recover the balance of such rent or pursue any other remedy herein. . . 15. Remedies of Landlord: If the Tenant: (a) Does not pay in full when due any and all of the rent and/or .any other charge or payment herein reserved, included. or agreed to be treated or collected as rent and/or any othe~ oCrharge, expense, or cost herein agreed to be paid to the Landlord; (b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or (c) vacates the Leased Premises or removes or attempts ~t~o_r_em,0ve or..manif, ests. ?n in.tention to remove any goods or property .=ne.re~ro~ o=nerwlse T~en in the ordinary end usual course of ouslness without having ~irst paid and satisfied the Landlor~ in full for all rent and other charges then due or that may thereafter become due until the expiration of the then currant term~ Then and in any of said events, there shall be deemed to e breach of this Lease, &nd thereupon th- ---~- ...... be following rights: ~ -~ ~nu~oru snail ~ave the (1) To re-enter the Leased Premises and remove persons ~and all or any property therefrom, either by sun~ary dispossession proceedings or by any suitable action or proceeding at law, and repossess and enjoy the Leased Premises, together with all alterations, fixtures, signs and other ~nstallatlons of the Tenant. Upon recovering possession of the Leased Premises by reason of or based upon or arising out of s default on the part of the Tenant this Lease shall terminate. (2) To terminate this Lease and the term hereby created ~lthout any right on the part of the Tenant to ~a~ve the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken. whereupon the Landlord shall be entitled to recover, any and all sums due for rent, including additions to rents and damages for violation of the Tenant's obligations hereunder in existence at the time of such termination. 16. Right of Injunctive Relief: In the event of a breach or threatened br~ac~' bY-either part~' of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the right to ~nvoke any remedy allowed at law or in 10 equity as if re-entry, summary proceedin not herein provided for. gs and other remedies were _ 17. Rights Hot ~ycluslve: con=erred upon' Or res~ve~ ~ ..... ,o rlgn= or remed h or remedy given here~ %V~%~'u ,~n '0~1~i0~ tO every e~ity or by stetute, or hereafter existing at law or in 18. ~e of L~dlord: The right to ~rsue the the other Provisions of this Lease may, at the option of an assignee of this Lease, ~ axe Landlord,s right ~-~- .... rc~sed by anu a--- ..... Y an,, ~-~..~- ~ ., ~2e ano ~=erest ~n +h~. ~- = 7~Jue o~ the 19. R~edl~ ~l~tlve: All of the given to e~ther part,, and a~'~ ...... r~edtes hereinb law and e~it~ ~h.~ .... ~ ~%~nus an0 r~e~es .~,,~. ~ .... afore Oeprtve the L*~--= t~~ or_recovering the Le---~ ~i-'? -=~= Ior rent or s~s d~e *~ ~ LTI~Y~=~ or ~ctlons ~ nor shall the brln-- .... -~ ~ =a~re has been no t~- .... the covenant, or the ...... ~ ' ~Y ~ction for r~-~ .... · recover~ of r~t ~ =onst~,~ _?~r r~edy herel~ ~rovlded for possession of the pr~se~'" "~ m waiver of the right to obt~ 20. ~ent (a) If all or an mwaroeo for th~ ~-,-~-- - ,,,~,~, one comnens-~ .... e improvements on ~h- ,-- - he land, the ~,,.~_ . P ds Provided, hewer .... ~'aseO_ ~remises shall bel -~uAn~j~) er, that ~, Tenant sh-~ ~ ton~ to the ~an~iord. aAm De entitled to receive the compensation or proceeds awarded for the takin~ of the leasehold interest resul%ln~ from the institution of ~lnent domain proceedings. Nothin~ herein shall prevent the Landlord fr~ seeking any and all d~ages sustal by reason of the exer ned fro~ the cond~in else of the power oz ~lnent g authorit~ domain. and the Tenmnt ~hall have the option to lease said facllltle~ under terms and conditions that the parties shall, at such time, mutually agree Upon. In the event comparable facilities are not then available, the parties agree that prior to instituting action, they shall make any legal a good faith effort to negotiate a remedy e~ltable to each party. 11 21. Identity of Interest: The execution of this Lease or the performance 6~ ~ny ~ct 'pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of e partnership or of a Joint venture and the relationship ~:~wj~ them shall be and remain only that of a Landlord and a 12. Notices end Reports: Any notice, report, statement, approval, ~o~sent, designation~ demand or request to be given and any option or election to be exercised by · party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of $~bastian Attention. City Manager P.O. Box 780127 Sebastian, Florida 32978 has i and 12 Tenant: Sebastian River Area Little League, Inc. Attention: President provided, however, that either party may designate a different address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at the address listed above. 23. Nondiscrimination: The Tenant for itself, its personal represen{at£%es, successors in interest and assigns, as part of the consideration hereof, does hereby covenant end agree as a cove ru{~.l~g with the land that (il no -e ......... nan~ - , ~ ~-u.~ ua ~ne grounos religion, gen0er, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise ~ubject to discrimination in the use of the . facilities, Tenant s (ii) that in the construction of any improvements on, over or under the Leased Premises and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. This provision is not intended to modify or preclude the Tenant from enforcing any of its rules or regulations concerning age requirements or limitations with respect participation in its programs. 24. Warranties: The Landlord warrants that the Landlord full pow%r to'"execute this Lease and that it will warrant defend the leasehold 'interest created hereby against all parties whomsoever and that the Tenant, upon observing and complying with the terms, covenants and conditions of this Lease shall enjoy the use and occupancy of the Leased Premises during the Lease Term. 25. Headings No Part of Lease: Any headings preceding the text of" the 'several 'paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 26. Severabllltv: If a held lnv~ereby provision of this Lease Agreement is agreed that all valid provisions that are severable from the invalid provision remain in effect. If a provision in this Lease Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. _27. .Legse Contains All Agreements: It is expressly understood and agreed by ahd "'betWeen"'the "Pa~t~es hereto that this Lease. including the Exhibit, sets forth all the promises, agreements, conditions or understandings between the Landlord and the Tenant relative to the Leased Premises, and that there are no romises. agreements, conditions or underst--~ ........ P - ~-u=n~, e~:ner oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided. no subsequent alteration, amendment, change or addition to thl~ Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and signed by them. 28. Heirs and Assigne~s: All rights and liabilities herein given t6', Or imposed upoS~ the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, there shall be more than one Tenant, they shall all be bound successors and assigns of said parties; and if Jointly and severally by the terms, covenants and agreements herein, and the word "Tenant. shall be deemed and taken to mean each and every p~son or party mentioned as a Tenant herei ~ one or.mose, and if there shall be mcr- +~-- ~-- --~3-~e the given by -- = ....... ~ w~ un~ =erms cz ~ls Lease may be or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "Landlord,, or the "Tenant" whether such Landlord or Tenant be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of the Tenant unless the assignment to such assignee has been approved by the Landlord in writing as aforesaid. 29. T~n to Encumber Leased Premises: It is expressly agree ereto that nothing in this Lease Agreement shall ever be construed as m o. m ........ ~ ~ ~ furnishing or claimin =o nave =urnlsneu labor end materials at the request of the Tenant or any person claiming by, through or under the Tenant, shall a 1~ against the Leased Praises, T~t shall, wlthi (30) days after be~-no~-= ~ ..... n thirty satisfied of record or cause the Leased Praises to be release~ therefrom by the posting of a bond or other securlt ~a~' or shall cause s~e to be ~lsCharg.~ y as prescribed as a lien against th Praises by an order of a court having jurisdiction t re.ired above, L~dlord ..... = ..... discharged discharge such ll~. In the event the li~ is not the ll~ and recover ~y ~o~ so paid fr~ T~ant. m 30. ~e~atlo~ o~ ~&;t~n- ~m--- ..... m agre~ent dkted'"Rov~rm .. .~i~ .. ~,~et __ T~e exxsti~ ~ease ~A, A~,, oe:we~ ~e .parties hereto with respect to the certa~ re~ property owned b the Land ~ the City of Sebastian ~-~ ...... ~ _ lord located --., ~,ua~ ~xver Coun=y. Florida, ~d more~ partl~larly described as the Main Street Field, shall te~lnate upon the c~pletlon of uonst~ction on the Leased =nat =aa ~t~ct~on of F/eld No. 2 shal ~rees hereby repres~ ~ The L~dlord with all state or loca~ ~,~ ..... be ~lt in accordance to su~ 'st~ctures. ~ --~, ~e~l~tlo~ or orolnances applicable IN WIT. S ~EOP, the parties hereto have set their hands and seals the day and year first above written. Attest: CITY OF SEBASTI~ ~hr~ ~. "' 0 ' Hal~oran, r ~. Oonye~ayor ~C/~E City Clerk ( SEAL ) Approved as to form and con~LWent: ~y Attorney 14 Attest (corporate seal ) SEBASTIAN RIVER AREA LITTL~ LEAGUE, /NL President 15 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 3L~'958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT: Craft Club of Sebastian Use of Riverview Park APPROVED POR SUBMITTAL BY: Acting .~~// City Manager~f7 ./ ) ) Dept. Origin City Clerk ) ) Date Submitted 11/30/93 ) ) For Agenda of ) ) Exhibits: ) ) Letter Dated lf/22/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The City of Sebastian has received a request from the Craft Club of Sebastian for use of Riverview Park for craft shows on the following dates: 1) 2) Saturday, April 2, 1994 with rain date of Sunday, April 3, 1994 Saturday, May 7, 1994 with rain date of Sunday, May 8, 1994 Historically, requests for the craft shows have been approved by Council since 1988 and unless otherwise applied for to City Council, the following are established rules for use of Riverview Park: m 1) $100.00 security deposit 2) No vehicles in the park 3) Applicants provide sufficient waste receptacles an clean up after event 4) No alcohol beverages are permitted within the park 5) Ail displays must be clear of the sidewalks and entrance ways 6) Any goods for sale must be handmade by members of the organization. RECOMA4ENDED ACTION Approve the above request with standard conditions. CRAFT CLUB OF SEBASTIAN P. O. Box 781776 Sebastian, Fl. 32957 November 22, 1993 Sebastian City Council Main Street Sebastian, Fl. 32958 Gentlemen: We hereby respectfully request permission to use Riverview Park for our craft shows on the following dates: Sat., April 2, 1994, with rain date of Sun., April 3rd Sat., May 7, 1994, with rain date of Sun., May 8th Please consider this request and advise us as soon as possible of your decision so that proper advertising may be done. We thank you for your continuing support of our club. Yours very truly, AD:mmd CRAFT CLUB OF SEBASTIAN A1 Deyter, ~ecretary City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: EEOC CONCILIATION APPROVED FOR SUB~ITT~hL BY: 'Acting City~, Manager Dept. Origin ~er~o~nelv- Date Submitted 12/01/93 For Agenda Of 12/08/93 Exhibits: R-93-65 and Conciliation Aqreement i EXPENDITURE AMOUNT APPROPRIATION REQUI~ED= N/A BUDGETED: N/A REQUIRED: N/A SUMMARY STATEMENT Enclosed is a Conciliation Agreement between the City of Sebastian and the Equal Employment Opportunity Commission. This agreement, if signed by the Mayor and City.Council, will close this matter, and the EEOC has agreed not to pursue this complaint any further. The original complainant is not, however, involved in this agreement and is free to bring a lawsuit against the City. The signing off of this Agreement does not constitute an admission of a violation of the Age Discrimination in Employment Act by the City, but merely acknowledges for the record, that the City does not discriminate on the basis of age. There is no monetar~ settlement involved and minimal bureaucratic requirements (posting and recording complaints). It also shows, in the event there is further litigation, that the City made a good faith effort to resolve this issue. RECOMMENDATION Move to approve the attached Conciliation Agreement and Adopt R-93- 65. RESOLUTION NO. R-93-65 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TH~MAYO~AND CITY CLERK TO SIGN A CONCILIATION AGREEMENT WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILIT¥~ AND PROVIDING FOR A~ EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has reviewed the proposed Conciliation Agreement between the City of Sebastian and the EEOC pertaining to the allegation of age discrimination; and WHEREAS, the Conciliation Agreement specifically states that signing the agreement does not constitute an admission, by the City of Sebastian, of a violation of the age discrimination in employment act of 1967; and WHEREAS, the Conciliation Agreement does not require the payment of any funds in connection with this Conciliation Agreement; and WHEREAS, the City Council acknowledges that entering this Conciliation Agreement is in the best interest of the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The City Council of the City of Sebastian hereby authorizes the Mayor and City Clerk to execute, on behalf of the City, that specific Conciliation Agreement between the City of Sebastian and the EEOC, (reference EEOC case number 150-92-0980) and attached hereto as Exhibit "A". The City Council of the City of Sebastian further authorizes the city Manager to take all necessary steps for the City to comply with the terms of said Conciliation Agreement after said agreement is signed and approved by the EEOC. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council- member . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of ........ , 1993. CITY OF SEBASTIAN By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney U.S. EQUAL EMPLOYMENT OPPOiITUNiI'FY COMMISSION Miami District Office J Norlhe...xst ~i~t Street, 6th Ft~r Miami, FL PI[: ~05) ~D: ~05) F~: (505) 53~011 00~CILIATIO~ AGREEMENT In the Matter of: Charge 90: 150--92--0980 U.S. Equal Employment Opportunity Commission and City of Sebastian, Plorida An investigation having been made under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the U.S. Equal Employment Opportunity Commission (EEOC), and reasonable cause having been found, the parties do resolve and conciliate this matter as follows: .:i EXHIBIT "A" I. General Provisions Respondent agrees that the Commission, on request of any Charging Party or on its own motion, may review compliance with this Agreement. As a part of such review the Commission may require written reports concerning compliance, mayinspect the premises, examine witnesses, and examine and copy documents. It is understood that this Agreement does not constitute an admission by the Respondent of any violation of- the Age Discrimination in ~mployment Act of 1967, as amended. EEOC agrees not to use the herein-referenced charge as the jurisdictional basis for filing a lawsuit against the Respondent. However, nothing in this Agreement shall be construed to preclude EEOC and/or any aggrieved individual(s) from bringing suit to enforce this Agreement in the event that the Respondent fails to perform the promises and representations contained herein. Neither does it preclude any current, former, or prospective employees; nor the Commission, from filing charges in the future. The commission shall determine whether the Respondent has complied with the terms of this Agreement. EEOC reserves all rights to proceed with respect to matters like and related to these matters but not covered in this Agreement and to secure relief on behalf of aggrieved p~rsons not covered by the terms of this Agreement. The parties to this Agreement expressly agree that the person claiming to be aggrieved has not approved or signed this Agreement; that specific relief for the person claiming to be aggrieved is not provided for by the terms of this Agreement; and that all rights and protection afforded by the Age Discrimination in Employment Act of 1967, as amended, are reserved by the person claiming to be aggrieved. Ail hiring, promotion practices, and other terms and conditions of employment shall be maintained and conducted in a manner which does not discriminate on the basis of age in violation of the Age Discrimination in Employment Act of 1967, as amended. Respondent agrees that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practices declared unlawful or opposition to any practices perceived as discrimination, under the Age Discrimination in Employment Act of 1967, as amended, or because of the filing of a charge; giving of tastimony or assistance; or participation in any manner in any investigation, proceeding or hearing under the Age Discrimination in Employment Act of 1967, as amended. Respondent agrees to instruct all employees responsible for making employment decisions that it is against Federal Law to retaliate against any individual for opposing any practices declared unlawful under the Age Discrimination in Employment Act of 1967, as amended, or because of the filing of a charge; giving of testimony or assistance; or participation in any manner in any investigation, proceeding or hearing under the Age Discrimination in Employment Act of 1967, as amended. Respondent agrees any employment discrimination charges filed with the Equal Employment Opportunity Commission will be discussed in an open forum only to the extent permitted by the Florida Sunshine Act. 10. Respondent's employees may report complaints of pe~cieved unlawful discrimination to the Personnel Director in an atmosphere free of harassment and/or intimidation. 11. Respondent agrees not to publicly criticize any current or former employees for having protested what was perceived to be an unlawful employment practice. 12. Respondent agrees to retain the records and to provide written reports under Section II of this Agreement (Reporting). Reports will be furnished to the Office of the Commission which has signified final approval of this Agreement. 13. This Agreement shall remain in effect for eighteen months from the date of its execution by all parties. II. Reporting Respondent agrees to designate its Personnel Director as a compliance officer who will receive complaints of perceived unlawful discrimination and/or retaliation from its employees, and provide a written report to the Commission every six months, for eighteen months. The report will include an outline of all complaints filed, name of complainant, position held, date of complaint, nature of complaint, name of supervisor and corrective action taken. IIi. Eotice ~osting Respondent agrees to post the attached Notice (Attachment A) and to insure that the Notice is posted in locations readily accessible to employees, e.g. employee bulletin boards, lounges,, work sites, etc., for the full duration of this Agreement. IV. signatures I have read the foregoing Conciliation Agreement and I accept and agree to,the'provisions contained therein: Date CITY OF SEBASTIAN, FLORIDA Respondent Date FEDERICO COSTALES District Director U.S. EQUAL EMPLOSqV~ENT OPPORTUNITY COMMISSION Mianll District Office 1 Nortl~ea.~t First Strcek 6~1~ FI~r ~iami, FL ~3132-2491 ~D: (305) ~3~5721 NOTICE TO EMPLOYEES 1. This notice is being posted pursuant to a Conciliation Agreement entered into with the United States Equal Employment Opportunity Commission. 2. Federal Law requires that there be no discrimination in the employment setting, against any employee or applicant for employment because of the individual's race, color, religion, sex, national origin, age, 40 and over, or disability, with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. 3. The City of Sebastian, Florida, supports and will comply with such Federal Law in all respects and will not take any retaliatory action against employees because they have exercised their rights under the Age Discrimination in Employment Act of 1967, (ADEA), as amended, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any manner in any investigation, proceeding or hearing under the ADEA. 4. The city of Sebastian, Florida, has instructed all employees responsible for making employment decisions .that it is against ?ederal Law to deny employment to any individual within the age group protected by the Age Discrimination in Employment Act of 1967, as amended, (ADEA), when the motivation for such action is the employee's age; and it is against Federal Law to retaliate against any individual for protesting a violation of, or taking action to protect or enforce their rights under the ADEA. 5. The City of Sebastian, Florida will discuss employment discrimination charges in an open forum only to the extent required by the Florida Sunshine Act. 6. This notice will remain posted through September 30, 1994, by agreement with the Equal Employment Opportunity Commission. Date City of Sebastian, Florida ATTACHMENT A City of Sebastian 12.25 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 I COTJT~.CTIVE BARGAIHING J Dept. Origin Personnel ~ WAG . SSUES . '" d Date Submitted 12/01/93 APP.ROV~D FOR SUBNITT~L BY= / For Agenda 0,. 12/08/,3 Acting City_, /^, ,/ ] Exhibits: None Manager: ~f ~,'~.. "/ ZXPENDZ~. RE AMOUN~ APPROPRTATION REQUTRED. $66,000 BUDGETED: H/A REQUIRED: $66,000 Sma!AR, Y STAT The financial rec.o, rds have been c.ompleted for Fiscal Year.1992/93 and.the City now finds that there Ks mc.re money than was originally estzmated that was unexpended during F~scal Year 1992/93. Because there is now unappropriated funds available, the City Council needs to real,ok at its contractual obligations through the collective bargaining process. · - The City ~s in the second year of a three year contract with the Frate.r?al Order of Police (F.O.P.). Part of that contract requires the C~ty to honor step increases, if an employee receives at least a satisfactory performance evaluation.upon his (or her) anniversary ~te._ The cost.of this provision ~s approximately $16,237 for F~sca~ Year 1993/94. If the City Council decides not to honor this contractual obligation, .the F.O.P. would, most likely, file an unfair labor practLce wLth P.E.R.C. (Public Employees Relations Commission). If the City has money, the~ are obligated t~ pay the step increases and would lose this case ~f it went to arbitration. The lo~ing party pays ALL the costs incurred (ie. lawyers fees for BOTH s~des, arbitrators fees and expenses,.etc.) The City is at impasse w~th the Communications Workers of America (C.W.A.~. The City Council has made it clear that they do not want to contLnue step increases. A commitment was made at the beginning of the 19~3/94 collective bargaining process to set aside $100,000 ~or a merit increase. That money has now been re-allocated, but now that there is additional unappropriated monies, the City can, in the spirit of good faith bargaining, restore some of that money. Unlimited.time status employees should also be eligible to receive the same ~ncreases as C.W.A. e~ployees. A 2.5% increase would be less than a $ .37/hr step ~n~rease but would show the City Council's intent at settling the ~mpasse and hopefully eliminating some costly legal fees. The approximate cost is $30,000 for Fiscal Year 1993/94. The City Council should consider re-instituting a merit pool, sc that the implementation of the Council's goal - of providing different levels of increases (or no increases) depending on the merit of employees. This would allow management to start down the path of rewarding the best employees with more money and satisfactory employees with little or no increases. RECOMMENDED ACTION Continue to honor the step increases as outlined in the F.0.P. contract, effective October ~, ~993. ® Give C.W.A. employees a general wage increase of 2.5%, effective January 1, ~99& as long as it does not bring the employee over the current maximum of their salary range. Give unlimited time status employees, which includes Department Heads, a general wage increase of 2.5%, .effective January 1, 1994, as long as it does not bring the employee over the current maximum of their salary range. Set aside $20,000 to be used for a merit pool for unlimited time status and C.W.A. employees, if the Union agrees to the concept, for Fiscal Year 1993/94. doc: agenda City of Sebastian Club Phase Two ) ~ I Dept. Origin ENG/~ .... I Date Submitted 11-29-93 Approved for Submittal By: I For Agenda of 12-08-93 ~_ . ) Exhibits: R-93-73, Surveyor's ,~-r~ ~ ) Certification, Proposed /~/~.~--~~ ) Restrictive Covenants, Final City Manager_~_~___ ) Plat application, receipt for application fee paid $250. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City has received a request from Dr. Henry A. Fischer, the owner of Palm Lake Club to record the final plat for Phase Two. Both the City Attorney and I have reviewed the final plat drawing and I have made a site inspection. To the best of my knowledge and belief the final plat and improvements have been substantially completed to meet the requirements of the land development code chapter 20A.t6.4.5C and is ready for recording in Indian River County. Pursuant to the code the final plat shall be approved by the City Council by Resolution as submitted by the City Clerk. RECOMMENDED ACTIONS Move to approve Resolution R-93-73 accepting the final plat for Palm Lake Club Phase Two. RESOLUTION NO. R-93-73 A RESOLUTION OF THE CIT~ OF SEBASTIAN, INDIAN RIVER CO~qTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF PALM LAKE CLUB, PHASE II, CONSISTING OF 14.47 AC~ES, MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT~ WAIVING THE -REQUIREMENTS OF SECTION 20A-1E.4 (C) (4) (F)~ DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CIRCUIT CO~RT FOR INDIAN RIVER CODI~TY, FLORIDA, FOR RECORDiNG~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF REBOLI~TIONB IN CONFLICT HEREWITH~ PROVIDING FOR EEVEPJ~ILITY ~ AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, an individual, owns certain real Property located within the corporate limits of the City of Sebastian; and WHEREAS, Henry A. Fischer desires to develop a subdivision on a portion of his real property lying in Sebastian, indian River County, Florida; and WHEREAS, Henry A. Fischer has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4(C) of the Land Development Code of the City with the exception of Section 20A-16.4(C) (4) (f); and WHEREAS, the City Council, for purposes of consistency in the Palm Lake subdivision, is waiving the provisions of 20A- 16.4(c) (4) (f); and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, all required improvements have been completed; and WHEREAS, the City Engineer has determined that-all required improvements meet the provisions of the Land Development Code of the City; and WHEREAS, the final plat has been approved by the City Engineer and the City Attorney; and WHEREAS, all other conditions precedent to approval of the final plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~. PLAT APPROVAL - The final plat of the Palm Lake Club, Phase II, as prepared by James A. Fowler, a Florida registered surveyor, bearing Certificate of Dedication dated December 8, 1993, is hereby approved due to its compliance with Section 20A-16.4(C) of the Land Development Code of the City of Sebastian and the agreement of the Owner to require the utilization of post lamp lighting by each of the parcels in the subdivision at the time the Certificate of Occupancy is issued in exchange for the waiving of the requirement that street lighting be provided pursuant to Section 20A-16.1(d) of the Land Development Code of the City of Sebastian. ~ction 2,. SECTION 20A-1~.4(C) (4)(f) NAIVZD - The City Council hereby waives the requirements of Section 20A-16.4(C) (4) (f) due to the fact that it would create an inconsistency in the numbering sequence between Phase I of the Palm Lake subdivision which was previously approved by this Council pursuant to Resolution No. R-90-37. ~. SIGNING OF THE PLAT sign the final Section 4. R~COP~DING OF THE PLAT - The Ci=y Clerk is directed %o presen~ the final plat to %he Clerk of the Circuit Cour% for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 5. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Sec%lcD 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council oft he City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council- me~:~er . The motion was seconded by Councilmember being put into a vote, the vote was as follows: and, upon Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of L .u , 1993. CITY OF SEBASTIAN ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran CMC/AAE, City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 4 P. CL BOX 1677 VERO BEACH, FL 32961-1677 PHONE: (407) 562.,474,4 FAX: (40?') 562-0963 JAEES A. FO VLEP Land Surveying THE BOUNDARY HUNTER November 29, 1993 Attention: Dan Ekis City of Sebastian Engineering Dept. Sebastian, FL 32958 RE: Palm Lake Club, Phase II Dear Mr. Ekis: Regarding above referenced project, please be advised that the Permanent Reference Monuments and Permanent Control Points have been installed. Signed and sealed this 29th day of November, 1993. FOWLER, P.L.S. This is to Certify the Plat mathematically closes to within 0.01 ft. ES A FOWLER, P.L.S. APPLICATION FOR FINAL PLAT FOR A MAJOR SUBD!V~£ION CITY 0P SEBASTIAN 1225 M~IN STREET SEBASTIAN, FL. 32958 TFi. EPHONE ~: 589-5330 Preliminary Application Number On O~ner '--------------- Phone Address 10729 US-1 S~b~.~ F~o~ 3295~ Subdivision Name P~ L~ ~b Date of Approval 589-3159 Section __.20 Project Surveyor Project Engineer Zoning Classification Township _~1 Sod Fom~ ~M~t~ll~r g 'Mol6r MH Florida Sca~e Florida Srmte ~nd Use Classification At the time of submitting Final Plat, plat must contain all information required by Section 20A-16.4 (C) Land Development Code and :he following: l. Fee of $250.00 made payable :o the City of Sebastian. 2. Four (4) prints and cwo (2) reproducible mylars. 3. Check made payable to the Clerk of the Circuit Court of Indian River for recording :he plat in :he amount established by :ha: office. &. Copy of Homeowner's Association or Conduminium Document, if applicable. 5. If developer elects :o construct improvements after recording final pla:, developer must submit con:rat: (triplicate) and guarantees of 110 percent of :he amount. Section 20A-16.3 6. Restric:ive Covenants, if applicable.· FINAL PL~T The Director of Community Development or City Planner ~ccept~ and approves all applications for submittal of Final Plats. Applications must Znclude the following: Four (4) prints and two (2) reproducible my/ars. b. Check made payable to the Clerk of the Circuit Court of Indian River County for recording the Plat in the amount established by that office. c. Copy of Homeowner's Association or Condominium Document, if applicable. d. If developer elects to construct improvements after recording of Final Plat, developer must submit contract (in triplicate) and guarantees of 110 percent of amount defined in Subsection 20A-16.3(A) (2). e. Restrictive covenants, if applicable. Once approved, application shall be forwarded to the City Clerk's Office for payment of the following: 1. $250.00 application fee. After payment of the appropriate fees, the City Clerk's Office shall return the application to the Director of Community Development. The Director of Community Development will d~ztribute the necessary plans and documents to the City Engineer and City Attorney for review and comments. The City Engineer and City Attorney, after making a favorable recommendation, shall submit the Plat to the City Council for approval by resolution. Upon approval by the City Council, the Plat shall be submitted by the City 'Clerk for recording in the Office of the Clerk of the Circuit Court. DECLARATION OF DEED RF_.,.~RIC~ONS FOR PAI-M LAKE C..LLIB - PHASE II WHEREAS. i-IF_.NRY ANTHONY FIS~ is the owner of the following'legally described real property known as PALM LAKE CLUB - PHASE II; A parcel of land situate in a portion of the Southeast quarter of Section 20, Township 31 South, Range 39 East, City of Sebastian, indian River County, Florida, being more particularly described as follows: Commencing at the Northwest comer of the Northwest quarter of the Southeast quarter of said Section 20; thence South 00 00'00" West, a distance of 827.40 feet to the point of beginning, thence South 90 00'00" East, 300.00 feet, thence South 00 00'00" West, 11.41 feet, thence South 90 00'00" East, 175.00 feet; thence North 89 33'32" East, thence North 89 46'00" East, 178.00 feet, thence North 00 14'00" West, 17.82 feet; thence North 89 46'00" East, 100.00 feet; thence South 00 14'00" East, 560.00 feet; thence South 00 32'00" West, 331.75 feet; thence North 89 04'00" West; thence North 00 00'00" West, 858.00 feet to the point of beginning and the west line of said Northwest quarter. WHEREAS, HENRY ANTHONY FISCltF, R his assignee or designee or any successor in title which is an entity owned, controlled or designated by BENRY ANTHONY F/SC~ is hereinafter referred to as "GRANTOR". WHEREAS, it is now desired by said HENRY AN'I~ONY FISCHER to place further restrictions and limitations on the above legally described real property. NOW THEREFORE, HENRY ANTHONY FISCHER hereby declares that all lots, located within PAI-M LAKE CLUB -PHASE II, according to the Plat recorded in Plat Book , Page ~, in the Public Records of Indian River County, Florida, are hereby restricted as follows, all of which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereinafter made and anyone of the express conditions thereof, and that said restrictions and limitations are intended to be and are taken as covenants to mn with the land, for the benefit of all present and future owners of said land, and shall be as follows, to-wit: -1- 1. ARCHITECTURAL CONTROL A. No dwelling house, swimming pool, fence hedge, sign, wall, culvert, grading, planting of any character, removal,trimming or pruning of shade trees or any other type trees or construction of any structure or facility shall be commenced, erected or maintained, nor shall any alteration, addition or changes made on any lot which affects the exterior appearance thereof, until the plans and specifications therefore showing the extent applicable, the nature, kind, shape, height, grade, materials to be used, floor plans, culvert design, drive-way location, architectural style, exterior colors, locations and approximate cost of such structures or work to be done and other information as requested shall have been submitted to be done and any other information as requested shall have been submitted to and approved in writing by the Architectural Control Committee. B. The Architectural Control Committee shall have the right to refuse to approve any such plans or specifications which are not suitable or desirable in its opinion for esthetic or any other reasons, and in so passing such plans or specifications, it shall have the right to take into consideration the suitability of the propose building or other structures, and the materials with which it is proposed to erect the same, the harmony thereof with the surrounding area and the effect of the building or other structures as planned on the outlook from the adjacent or neighboring property. The Architectural Control Committee shall set all house grades. 2. ARC~ COlqTROL CO~ A. The Architectural Control Committee shall consist of ~Y FISCHER and HENRY ANDREW FISCHER and any other members as they may designate. In the event of death or resignation of any member or members of the Architectural Control Committee, the remaining members have full authority to designate their successors. Should the entire Architectural Control Committee cease to -2- Amhitectural Control Committee, and the Architectm-al Control Committee, nor any of its individual members, shall not by mason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal. A failure of said Committee to enforce any of the restrictions, rights, reservations, limitations, agreements, covenants, and conditions contained herein shall in no event by construed, taken or held to be a waiver thereof or acquiescence in, or consent to any continuing, further or succeeding breach or violation thereof, and the Architectural Control Committee shall, at any and all times, have the right to enforce these restrictions by injunction and/or damages against the parties in violation of these restrictions and shall be allowed to recover attorney's fees and cost from the person or persons in violation of these restrictions. Such aforesaid reservations and rights of Architectural Control Committee to perfect inconsistencies in violation of this section shall be invokeo by said Architectural Control Committee with due-notice prescription to the offending party or parties by certified mail or hand-delivered written complaint. Sa.id due-notice provision shall be enforceable subsequent to FIFTEEN (15) days of mailing or delivery of same by hand and if upon the Architectural Control Committee finding of non-compliance, the offending property owner shall be held at fault, in which case the Architectural Control Committee will have exercise of all the reservations and rights as hereintofore granted. F. In all instance where plans and specifications are required to be submitted to and are approved by the Architectural Cohtrol Committee, if subsequent thereto there shall be any variance in the actual construction and'location of any improvements covered thereby without the written permission of the Architectural Control Committee, any such variance shall be required to be corrected or reverted to the original plan or removed at the discretion of the Architectural Control Committee. G. In the event any dock is constructed, it shall be subject to the approval of the Architectural Control Committee, which said Architectural Control Committee shall determine the standardization of dock construction, materials to be used, and lines than permitted by the City of Sebastian zoning restrictions as of the date that this document was recorded. Where it is deemed desirable and proper to further set or restrict such front, side or rear setbacks, then the Architectural Control Committee shall have the power to delineate said more-restrictive setbacks, provided however, that such action shall be taken prior to offering an affected lot or lots, for sale to any interested party or parties in particular. 5. EAS£MEN'I~ A. The easements and right-of-ways set forth on the said Plat of PALM LAKE CLUB - PHASE II for public utilities are reserved for the creation, construction and maintenance of utilities, such as but not limited to, electricity, water, sewers, television cable, telephone, storm drains, retention ponds, public, quasi-public and private, as well as for any public, private or quasi-public utility or function deemed .necessary and/or expedient for the public health and welfare. B. The Grantor shall have the right of ingress and egress over all easements, roads and lakes in order to maintain, alter, and/or repair the areas he owns and/or the common areas and facilities. C. The general public who do not own lots in PALM LAKE CLUB -PHASE Ilor who are not guest or invitees of a lot owner or the Grantor are prohibited from using any of the facilities in PAIMI LAKE CLUB - PHASE IL unless accompanied by a lot owner at all times. D. Unless otherwise allowed herein,.trespassing across privately owned property within PALM LAKE CLUB - PHASE II is prohibited. 6. CONSTRUCTION A. No Structure of a temporary character, trailers, tents, basements, shacl~, garages or any other outbuildings shall be used or stored on any lot in PALM LAKE CLUB - PHASE II as a residence or living quarters of any nature. Temporary construction shacks or trailers which may remain only during, the construction of a -6- dwelling or other improvements arc permitted. Furthermore, during the development of the PALM LAKE CLUB - PHASE II by HENRY ANTHO~ FISCHER or by any other subsequent developer, storage garages, millwork shops and construction offices may remain in PALM LAKE CLUB - PHASE II until construction is completed on all 1o~. B. No debris, garbage or rubbish shall be permitted on any lot in PALM LAKE CLUB - PHASE IL except as may be stored in an approved container made for the purpose to be buried or enclosed in a decorative enclosure or shrubs. Any unnecessary debris left on any lot after construction of a dwelling house thereon may be removed by the Architectural Control Committee and the owner of such lot shall be liable to the Architectural Control Committee for the cost of such removal C. All electrical lines shall be underground, from source to house. All homes must be connected to a central water and sewer system of PALM LAKE CLUB - PHASE II when available. Any and all tanks must be buried below ground level. 7. BUll-DING & ACCESSORY STRUC'HJRF_.S A. Grantor reserves the right to sell and instal] any an/l all mobile, modular or manufactured homes on any and all lots within PALM LAKE CLUB - PHASE K All installations shall meet the Grantor's building standards and the building codes of Indian River County, City of Sebastian and Southern Standard Building Codes, where applicable. B. All exteriors of mobile, modular or manufactured homes in PALM LAKE CLUB - PHASE II shall be required to have a gabled or pitched roof. C. All mobile, modular or manufactured homes located in PALM LAKE CLUB - PHASE II shall have a minimum of NINE HUNDRED (900) square feet of living area and be at least a double wide mobile home of a minimum TWENTY-FOUR (24) foot width. D. Yard fencing shall be permitted only at the rear of the home, and must not -7- exceed SIX (6) feet in height. Owners of the lot must submit plans and specifications for fencing and receive written approval from Architectural Control Committee. E. No clotheslines shall be permitted on any lot within PALM LAK]E CLUB - PHASE II. F. No individual television, radio antennae, towers, or satellite dishes may be erected within PAi~ LAKE CLUB - PHASE n. A television cable service company will be available to the lot owners on a fee basis. G. ONE (1) utility shed shall be permit-md upon any ONE (1) lot in PALM LAKE CLUB - PHASE iL Such auxiliary building or buildings shall be construc~d simultaneously with or subsequent to (never before) erection of residence. Such auxiliary buildings shall be constructed of the same materials and shall be of the same architectural design as the residence and shall be approved by the Architectural Control Committee prior to construction. H. All mobile, modular or manufactured homes, shall have a porch, double carport (either length or width), awnings over windows and skirts around base. i. All lots shall have an underground sprinkler system, for the entire yard and shall be sod with Floratam sod. A. No animal, fowl, or livestock of any kind shall be kept or harbored on any lot in PALM lAKE CLUB - PHASE II. The keeping within the dwelling house of domestic dogs or cats is hereby permitted so long as such dogs or cats do not become a nuisance to the owners or occupants of lots in PALM LAKE CLUB - PHASE 1FI B. In no instance shall any domestic pet be permitted to roam untethered about in PALM LAKE CLUB - PHASE II, to include animals owned by parties who are not residents of PALM LAKE CLUB - PHASE II. C. Pets are not permitted to make excessive noise to constitute a nuisance to residents of PALM LAKE CLUB - PHASE IL Pets are not allowed in the recreation ama, swimming pool or common ama facilities under any circumstances. D. Grantor continues to reserve the fight to amend this Declaration of Deed Restrictions to limit the number of pets which may be kept on any ONE (l) lot. Pets must conform to any local, county and state ordinance and subject to any penalties thereof. E. Grantor, in addition to any penalties which may be assessed under said ordinan~s, shall have the fight to assess any lot owner for any cost of cleanup and/or repair of any and all damage caused by owners' pet or pets. 9. NUISANCF, S A. No noise pollution such as loud talking or playing instruments or equipment is allowed in PALM LAKE CLUB ~ PHASE Il B. No noxious or offensive activity shall be carried on any lot, nor shall anything be done theron which may become an annoyance or nuisance to the neighborhood or anyone in PALM LAKE CLUB - PHASE II C. Littering of cans, bottles or other trash is strictly prohibited. D. Grantor or the Architectural Control Committee, may promulgate such rules and regulations and may enforce the same to prevent any and all nuisances caused by any domestic animals. 10. ADULT PARK A. PAl M LAKE CLUB - PHASE II is specifically designed and intended to provide an important housing opportunity for older persons. The facilities, services, policies and procedures adopted herein and heretofore are intended to meet the physical and soeiai needs of such persons. B. Housing for older persons for PALM LAKE CLUB - PHASE Il shall be defined as: That at least EIGHTY PERCENT (80%) of the units are occupied by at least ONE (1) person FIFTY-FIVE (55) years of age or older per unit. C. No children under FOURTEEN (14) years of age shall be allowed to use any -9- of the recreational facilities or common properties within PALM LAKE CLUB - PHASE Il unless accompanied by an adult resident. 11. VEHICLP_~ A. No boats, junk cars, recreation vehicles, trucks or trailers shall be stored or parked in the streets, yards or driveways, or in view of the public, anywhere within PALM LAKE CLUB - PHASE 1I, provided however, that boats may be maintained unatmnded, at dockside or on davits on lak~ front lots only. B. Street parking shall not be permitted at any time except for approved pickup and delivery. C. No general repair or overhaul of any automobile, truck, recreation vehicle, motorcycle or any other motorized vehicle is permitted to be performed on any lot or at any public areas within PALM LAKE CLUB - PHASE IL D. No vehicle shall be parked within PAI~ LAKE CLUB - PHASE 1I that does not have a current year's license tag. E. Grantor reserves the right to establish reasonable speed limits within P.AI.M LAKE CLUB ~ PHASE II and to enforce them by any appropriate means. F. No motor bikes, motorcycles or any other motor driven vehicle that creates excessive exhaust noise will be permitted within PALM LAKE CLIJ'B - PHASE 1I. Maximum speed limit shall be FIFTEEN (15) miles per hour. G. Identification tags will be provided, as well as temporary visitor tags for guest and visitors for the protection, security, and privacy of all property owners. H. Car tags or decals will be available at the management office for lot owners and their guest. Renters will be assessed a TEN DOLLAR ($10.00) deposit fee, refundable upon return of ear tag or decal. I. Small portable boats, not to exceed TWELVE (12) feet in length (canoes not restricted), may be utilized in PALM LAKE CLUB ~ PHASE II lakes, provided however, that they shall not be powered by combustion engine or engines. Such craft are to be owned and operated only by owners of lakeside properties. In no event shall the craft or other objects be maintained in the lake, or material infused into the lake water. The lakeside and maintenance thereof is the responsibility of individual lakeside lot owners and is to be maintained in conformance with reasonable established standards for the whole of their perimeters as to appearance, condition and uniformity. Lakeside docks shall be allowed in the accordance with a uniform standard to be set by the Architectural Control Committee and shall not exceed NINETY-TWO (92) square feet in area and must run parallel to the shoreline. Davits shall be allowed on lakeside docks. 12. ASSESSMENTS & VIOLATIONS A. Grantor, in addition to any penalties which may be assessed under said ordinance, shall have the right to assess any lot owner for any cost of cleanup and/or repair of any and all damage caused by owners' pet or pets. B. Grantor receives the right after FIFTEEN (15) days notice, to charge the lot owner actual cost plus TEN PERCENT (10%) for services performed to eliminate violations. Unpaid charges after THIRTY (30) days, shall constitute a lien against the property. Collection fees and reasonable attorney's fees shall be enforceable in a court of competent jurisdiction by a suit in equity. C. Each lot owner or owners, shall upon the first day of the month following the recording of their lot conveyance, is required to pay the Grantor or his designee, the sum of ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00) per lot, recreational facility membership fee. This assessment is non-refundable and non-transferable between parties. D. No lot owner shall be excused fi'om payment of this assessment by reason of non-use of the facilities or any part of them or non-residency at PALM LAKE CLUB - PHASE II, or by virtue of ownership of more than one (1) lot. Assessment accrues upon transfer of any lot within PALM LAKE CLUB ~ PHASE II and non-payment of -11- suit of equity in a court of competent jurisdiction. E. All lot owners of record within PAI-M LAKE CLUB - PHASE il shall be required to pay a monthly recreation maintenance facility assessment in the amount of TWENTY-EIGHT ($28.00) per lot, payable in advance on the first day of each and every month and said fee shall be the responsibility of the owner of record. Said amount may be increased by the Grantor or his designee without amending this document. Notice of any and all increases shall be mailed to each and every lot owner at least THIRTY (30) days before same is to become effective. F. Non-payment of the monthly recreational facilities assessment after THIRTY (30) days, shall constitute a lien against said lot and shall be enforced by a suit in equity in a court of competent jurisdiction. G. Neither of the aforesaid charges described in paragraph C & E, shall bc construed to entitle any lot owner to use thc recreational facilities without payment of the prevailing monthly fees as set forth in paragraphs C & E. 13. COMMON ~'~-~-MENTS A. It is recognized that there are certain common facilities which have been or may be installed for thc benefit of all property owners. These include roads, drainage easements, water and sewer easements, street lights, lake, landscaping and entrance signs, etc. The initial installation costs of said facilities has been borne by the developer. The cost of repairs, maintenance and replacement, as required, for such facilities shall be the responsibility of the Property Owners Association, with said cost to be charged to thc lot owners on a prorata basis. B. If said Property Owners Association is ever dissolved or discontinued for any reason the Grantor, lot owners and developer consent to the City of Sebastian establishing a special taxing district, so that the city can assume said maintenance and repair. 14. MISCELLANEOUS RES'I~CTIONS A. Grantor reserves the right to approve any and all prospective leases, subleases, and tenants. Renters must sign a receipt of acknowledgement that they have received a copy of the Declaration of Deed Restrictions for PALM LAKE CLUB - PHASE II. Any and all resale home buyers must be approved by the Architectural Control committee. B. No peddling, soliciting, garage sale, yard sale, or commercial enterprise of any kind shall be permitted without the written permission of the Grantor, or as provided in Florida Statutes 723.054. C. Owner/resident is responsible for the persons residing in his or her home, his or her guest and invitees. This responsibility includes their personal conduct, personal hability, adherence to the Declaration of Deed Restrictions and any damages caused to recreational facilities and/or common areas. D. Lot owners are responsible for care of their own lot, home, and lawn maintenance such as mowing, trimming, edging and watering. Fertilizing and spraying for bugs and/or weeds shall be contracted for by the Property Owners Association or Grantor with the cost of same being billed to each lot owner on a prorata basis, as a special assessment. Each lot owners driveway and yard must be kept clean and trimmed at all times. E. Landscaping must be maintained in an attractive manner. No changes shall be made to the existing slopes, contours, or the depths of the lakes. F. Grantor reserves the right to place coin operated machi.nes in the facilities and common areas for the homeowner's convenience, and any revenues derived from the machines remains with the Grantor until such time as the last lot is sold and the development is turned over to the Property Owners Association. G. Prior to HENRY ANTHONY FISCHER'S original sale of all lots in PALM LAKE CLUB - PHASE 1I, no signs advertising the sale or listing of property for sale -13- shall be allowed to be erected on any lot in the subdivision, nor will homeowners' real estate agents be allowed to engage in an "open house" for the sale of any dwelling. ONE (1) for sale sign will be allowed per lot if placed in the window of the main structure. Said sign shall be no more than 9" by 12". However, HENRY ANTHONY FISCHER, prior to the original sale of all lots in P^IM LAKE CLUB-PHASE II shall not be subject to this provision, nor shall any of his assigns, agents, or successors.. H. All property as described in the Plat of PALM LAKE CLUB - PHASE II is restricted by each owner thereof and shall be subject to the provisions of the Articles of Incorporation of PALM LAKE CLUB PROPERTY OWNERS ASSOCIATION, I~C. and the By-Laws thereof and any amendment thereto. This document and amendments thereto shall control over the Articles of Incorporation and the By-Laws of the Property Owner's Association. I. WHEREAS, Fll~N1RY ANII-IONY FISCHER prior to sale of all lots in PALM LAKE CLUB - PHASE IL reserves the right to annul, waive, change or modify any of the covenants as to any lot in said Plat, and may do so by an amendment of these restrictions signed and acknowledged only by ~Y ANltlONY FISCHF-R and need to be approved by the Property Owner's Association, Architectural Control Committee, lot owners, or lienors or mortgagors of dwellings whether or not elsewhere required for an amendment or change in the restrictions shall not affect easements, the ownership of lots, or the rights of owners to roads and ingress and egress. After the sale of all lots in P/~iM LAKE CLUB - PHASE 1I by ~Y ANTHONY FISCHER. Up until that time all directors of the Property Owners Association shall be elected by HENRY ANTHONY FISCItER or his lawful successors. 15. PARAGRAPH TITLES A. The title of paragraphs are for convenience only.and shall in no way be used for the purpose of construing the meaning of this declaration. -14- 16. VALIDITY OFREA"rRICIIOlqS AND COVENANTS A. Invalidation of any restriction or covenant contained herein, by judgment, decree or order of any court shall not affect the validity of any of the other restrictions or covenants which shall remain in full force and effect. NOW, THEREFORE, the Grantor does hereby declare that the real property legally described and encompassed by the hereinabove referenced Plat is and shall be held transferred, sold, conveyed, and occupied subject to the conditions, covenants, restrictions, and reservations herein set forth. IN wrrNF~S WItEREOF, the Grantor has hereunto set his hand and caused the presents to be executed on the date hereinafter first written, signed and duly executed in Indian River County, State of Florida, this day of 199. Wimess Henry Anthony Fischer Witness STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me an officer duly authorized to take acknowledgements in the State and County last aforesaid, personally appeared HENRY ANTHONY FISCHER, well known to me to be the Grantor, and that he acknowledged executing the same in the presence of TWO (2) subscribing wimesses freely and voluntarily. WITNESS my hand and official seal in the State and County last aforesaid the day of 199. -15- City of SebaStian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT: Sebastian Lions Club Waiver of Security Deposit Waiver of Rental Fees APPROVED FOR SUBMITTAL BY: Acting City Manager .~~,-~ ) Dept. Origin City Clerk ) ) Date Submitted~ ) ) For Agenda of 12/08~93 ) ) Exhibits: ) Application ) Letter Dated 11/15/93 ) Copy of Insurance ) Policy EXPENDITUR~ REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The City of Sebastian has received a request from Douglas Anderson representing the Lions Club for use of the Community Center to hold a Spaghetti Dinner on February 5, 1993 between the hours of 4:30 P.M. to 7:30 P.M. He is further requesting the waiver of the security deposit and waiver of rental fees for this and all future Lion sponsored events. He advised the club has on file with the City a copy of the Lions International $1,000,000.00 blanket insurance policy. RECO NDED ACTION Review the above request and act accordingly. SEBASTIAN $£BA~TIAN. FLORIDA - 32958 MAYOR OF SEBASTIAN ACTING CITY MANAGER CITY COUNCIL MEMBERS RE: SECURITY DEPOSIT ~200.00 MOVING TO THIS AREA Tiro YEARS AGO ! TRANSFERRED MY LIONS MEMBERSHIP OF 25 YEARS FROM IND]ANA TO THE LIONS CLUB OF SEBASTIAN. SHORTLY AFTER THE TRANSFER I BECAME INVOLVED WITH THE MANY ACTIVITIES OF THE SEBASTIAN CLUB. IN MY INVOLEMENT ! QUICKLY REALIZED THAT THE CITY OF SEBASTIAN REQU!RES A LARGE SECURITY DEPOSIT FROM THE LIONS CLUB EACH TIME THE CLUB WISHES TO USE ANY OF THE CITY FACILITIES. THE SEBASTIAN LIONS CLUB HAS BEEN IN EXiSTANCE S!NCE SEPTEMBER 1958. THAT'~ 35 YEARS. I'M SURE THAT IF YOU WILL CHECK THE RECORDS YOU WILL F1ND THAT LIONS CLUB, IN ALL THOSE YEARS OF RENTING THE CITY FACILITIES, HAS ALWAYS LEFT THE FAC!LITY ]N BETTER CONDITION THAN BEFORE THE FUNCTION WAS HELD. THE LIONS CLUB DOES MANY THINGS ]N THE COMMUNITY. THIS YEAR THE CLUB DID EYE SCREENING FOR ~127 STUDENTS FROM THE FIRST THROUGH FIFTH GRADES. EACH YEAR THE CLUB PROVIDES EYE EXAM]NATIONS AND BUYS EYE GLASSES FOR MANY NEEDY FAS]LIES IN S[BASTION. THE CLUB HOPES TO BE ABLE TO SPONSOR A LITTLE LEAGUE TEAM NEXT YEAR. THE LIONS CLUB BOARD OF DIRECTORS HAS ASKED THAT WE REQUEST A REFUND OF THE $200.00 SECURITY DEPOSIT NOW ON FILE. THEY ALSO WOULD REQUEST THAT A WAIVER OF DEPOSIT BE GRANTED FOR ANY FUTURE RENTALS, ALONG WITH SPECIAL CONSIDERATION AS TO RENTAL FEES, DUE TO THE FACT THAT THE CLUB~HAS ON FILE WITH THE CITY A COPY OF THE LIONS INTERNATIONAL $1,000,000.00 BLANKET INSURANCE POLICY. YOUR KINDES~ CONSIDERATION WiTH REGARD TO THIS MATTER WILL BE GREATLY APPRECIATED. ONS CLUB 7~gO A~AWAM RD SEBASTIAN, FL. 32976 T.J. Adams & Assoc. Inc. 2021 Spring Road Oak Brook, IL 60521 (?08)$72.1S$0 (?08)$74.3278 FAX INSUR~ Sebastian Lions Club Florida :ll:'-~',~a=~'.~k~:L':aae;~ ;~ ~ ;?: ~ ~-::-' :~ ~9~..:,:.:.~jTM ~ OAT~ (U~D~Y THIS CERTIFI~TE IS ~UED AS A MA~ER OF INFORMATION ONLY AND ~NFERS NO RIG~ U~N ~E CER~FICA~ HO~ER. THIS CERTIFI~T~ ~ No; AM~, ~ O; ~CTE; ~ ~V;;~eE ~;;O;~E~ ~ ~[ ,POLICIES B~LOW. , ........... COMPANIES AFFORDING COVERAGE COMPANY ~'r~ A Royal Insurance Company of America L.J: lilr, R ~ LET~R ~'l~l~ ~..~ ..... ................. ~ .... :~.~ ............................. ~ ............. ~.~. ............................... :z.:.:.:.~.:-: ~~.~?,:..,..~-.-.,.-..:.x.~.:.:.:,.:......,,.... ,..~. THIS IS TO CErtiFY T~T THE P~iCIES ~ IN~NCE Li~ED ~L~ ~ ~EN ISLED TO THE ~RED ~ED A~VE F~ ~E ~LICY ~R~ INDICATED, NO~ffH~ANDI~ ~y RE~IRE~, ~RM OR ~Off~ ~ ~Y ~ OR ~HER CE~IF~A~ ~Y BE i~ED OR ~Y PERTAIN, THE INSU~NCE A~O~D BY THE ~ICIES ~RIBED HE~ IS ~ TO ALL THE ~, EXCLUSi~S AND C~D~S ~ SUCH POLICIES. L~ffS ~OWN ~Y ~ ~EN RE.CED BY PAID PI'W 600093 PIW 600093 Owned Automobiles Not Covered Not Covered Not Covered Provisions of policy apply to the ~ EP:IeECllVE I~T~ (M~l 09/01/93 ~LICY EXPIRA110N DATE (Mt,M:IDffY) 0~/01/94 09/01/94 un PRODUCT$~COMP/OP PE F~ONAL & EA~ ~RR~E FIRE ~ 2,ooo,6' " 1,000,000 1,000,000 1,000,000 1,000,000 COMBH~D SINGLE LIMIT Included In Above BODILY INJURY BODILY INJURY PROPERTY D~MdAGE EACH ~"-.URRE~CE AGGREGATE $ ~i:i:i:.:.',ii i:::::::!:!;i;!~ :' '.::: , Steak Fry sponsored by the Sebastian Lions Club and includes interest of the City of Sebastian, Sebastian, FL 32958 as additional insured(s), but only as respects liability arising out of use of their premises by the Lions Club and not out of the sole negligence of above stated additional insured(s). PROVISIONS OF POLICY DO NOT APPLY TO THE SALE OF ALCOHOLIC BEVERAGES. ......... !~... ~.. ~.~.~i City of Sebastian Sebastian, FL 32958 ',,' ................ ,',-: ......................... ~,-,,,~--~ ~ ~ Sec~ ~x~s~i: p~l o~ ~ fibre) ~z the amnf' o~ ~ , or ~ . ~' or~. ~c B~ ~t ~ ~t the ~ ~t~ on F~ ~v~ ~t he~ at the ~ ~t~o ~ ~t o~ ' on ..... ~